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2 Replies Last post: Jan 21, 2008 10:14 AM by LUCKIEST

Is a patent global or domestic?

Jan 21, 2008 9:45 AM

Click to view devaney's profile Mogul devaney 34 posts since
Jan 21, 2008

I posted an earlier question about how to research a patent....also, was wondering when you apply for a patent is it global or just based on the country you live in?
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Click to view LUCKIEST's profile SCORE LUCKIEST 7,942 posts since
Aug 6, 2007
1. Re: Is a patent global or domestic? Jan 21, 2008 10:07 AM

A U.S. patent is essentially a right which the government grants to the
inventor permitting him "to exclude others from making, using, or
selling the invention" within the U.S., its territories and
possessions. You may obtain a patent on any "new, useful process,
machine, or composition of matter, or any new and useful improvement
thereof."


The U.S. government grants patents for a term of 20 years from the
filing date . After the term expires,
you lose your exclusive right to the invention. In addition,
failure to pay maintenance fees will result in the patent prematurely
expiring.
LUCKIEST

Click to view LUCKIEST's profile SCORE LUCKIEST 7,942 posts since
Aug 6, 2007
2. Re: Is a patent global or domestic? Jan 21, 2008 10:14 AM
h2. Why is 'global patent protection' important?

Patents protect inventions and proprietary technologies.
A patent granted in the U.S., for example, allows the patentee to
prevent others, for a limited time, from making, using, or selling
the claimed process or product.

Patents, however, are also territorial in nature. They only allow
the patentee to prevent infringement that occurs within the country
or region granting the patent. It is not unusual, therefore, for
the owner of a process patent in one country to stand helplessly
by as a competitor uses that process in another country (where the
patentee has no protection), and imports the final product back
into the first country to be sold.

Yet no one can be expected to file each of their patents in every
country. The most effective strategy is one that best protects the
patentee in key countries and regions of the world, in a strategic
and cost-effective manner.

Hope this helps, LUCKIEST

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