San Jose Foreign Patent Attorneys
Foreign Patent Application ◦ Foreign Patent Law ◦ International Intellectual Property Law
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At the San Jose, California, Law Offices of Schneck & Schneck, our IP legal team is particularly experienced in working with a worldwide team of associates to protect patents worldwide. To schedule a consultation regarding application for a foreign patent, contact us through this Web site or by calling 408/297-9733.
Our attorneys and legal team have more than twenty years of experience in the area of foreign filing, as well as foreign associates in all major industrial countries. A brief overview of the initial foreign filing process follows.
If an invention is not made public prior to the filing of a U.S. application, a client may file foreign patent applications corresponding to the U.S. patent application and receive the benefits of the U.S. filing date as provided under the terms of the International Convention. The Convention provides a one-year priority period so that after a first filing in the U.S. corresponding applications filed in other member countries within the one-year period receive the benefit of the original U.S. filing date. As this is the only means for obtaining a filing date prior to the actual filing date in the other countries, the importance of “Convention priority” cannot be overstated; it is sometimes the difference between a valid and an invalid foreign patent.
If the invention was made public prior to filing the U.S. application, a client is not eligible for filing an application under the International Convention in most countries. Our Firm can conduct an analysis to appraise clients of their rights.
If a client contemplates extensive foreign protection or is not sure about the extent of desired foreign protection (perhaps because of questions of patentability or a desire to defer the expense), we recommend that the client consider filing an international application under the Patent Cooperation Treaty. This procedure involves an option to proceed with foreign filing at a later time. The main benefit of such an application is obtaining an additional period of time for filing national patent applications in foreign countries. During this additional time period, we will receive an International Search Report from the U.S. Patent Office, perhaps even before we receive a search report in the corresponding U.S. case. The International Search Report may indicate the scope of patentable subject matter and whether the national applications should be pursued.
Discuss foreign patent needs regarding semiconductors, electronics, optics, scientific instruments, medical devices, manufacturing tools, mechanical devices, biotechnology, telecommunications, Internet-related technologies, software, or other innovations with a lawyer who is well versed in US foreign patent policy and international intellectual property laws. Contact the foreign patent attorneys in San Jose, California at the Law Offices of Schneck & Schneck.
