There are different standards in the United States regarding what is patentable and not compared to foreign jurisdictions, notably in the Japanese and European Patent offices. The decision to pursue foreign protection is not just about what markets you are interested in but also about the viability of getting protection in those markets.
In the United States, the conditions for novelty include the claimed invention having utility (35 U.S.C. Sec. 101), novelty (Sec. 102), and non-obviousness (Sec. 103). Internationally, there are related standards, namely industrial applicability, novelty, and inventive step. While there is some degree of consistency between these requirements, both between the U.S. and foreign jurisdictions and among foreign jurisdictions, assuming identical standards will invariably result in at least additional costs in prosecuting applications abroad, including pursuing patent applications that have a negligible chance of being patentable abroad, and at most losing patentable subject matter.
The patent attorneys at Widerman Malek have experience with filing all types of applications in many different jurisdictions, including:
Widerman Malek has worked with the foreign council in many of those jurisdictions and has developed a great working relationship to have a good analysis of the viability of a given invention in those jurisdictions. Our team has developed robust strategies in drafting the P.C.T. applications themselves in terms of selecting the office that will be conducting the application review.
Sometimes you want a high-quality search and opinion on the patentability of your invention as you can. We tend to recommend selecting the European patent office that conducts that search and opinion, but that comes at a price because they are also the most expensive for some of our more cost-conscious clients. Some options, including the Israeli and South Korean patent offices, can offer the same search and opinion but at a lower cost.
While the decision to pursue patent protection internationally is difficult, we have the experience necessary to identify the strategy that best fits your ambitions and legal budget. Contact Daniel C. Pierron to assist with all your patent needs.
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