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Does a U.S. patent protect a company in other parts of the world?
No, a patent in the United States affects only activities that occur in the United States. If an inventor wishes to protect an invention in another country, a patent application must be submitted in that country and a patent obtained.
To simplify this process, most major industrialized countries have adopted the Patent Cooperation Treaty (PCT), which allows an inventor to file a single application simultaneously in each of a large number of countries. This "international," or PCT, patent application has the effect of a national patent application in each country that is designated in an application. The international patent application must be prepared in accordance with international standards effective in all PCT contracting states. Although the PCT permits an inventor initially to file a single application internationally, eventually the inventor must, through the PCT process, obtain a patent in each country for which protection is sought.
International Patent-Awarding Processes
Unlike in the United States, in foreign countries a patent is awarded to the inventor who first files a patent application, not necessarily to the person or organization that invented an invention. Thus, the international patent system imposes a significant incentive for an inventor to file as early as possible.
U.S. citizens and companies file patent applications internationally, and also a large number of foreign nationals likewise file applications in the United States. For example, from 1996 to 1998, residents of foreign countries filed more than 43 percent of all U.S. patent applications.
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