Commerce.gov is getting a facelift soon. See the new design.
Syndicate content

Blog Category: Patent Cooperation Treaty

Protecting Your IP Overseas – Three Things to Know

Protecting Your IP Overseas – Three Things to Know

Planning to export? Don’t forget about your intellectual property!

Some U.S. companies have found that foreign manufacturers have copied their products, packaging, and business plans, even though they had never done business abroad. Foreign counterfeiters can easily steal your product pictures, brochures and logos from your website, and apply for trademarks and patents in their country, if you have not registered them there already. For this reason, many U.S. small companies seek trademark and patent protection in large potential markets well in advance of actually exporting to those markets.

As World Trade Month 2014 comes to a close, here are three things to remember about protecting your intellectual property (IP) as you embark on making sales internationally.

  1. Contact an IP Attaché. Located in U.S. Embassies and Consulates around the world, they can explain options for protecting IP rights overseas.
  2. Take advantage of the Patent Cooperation Treaty (PCT). Under the PCT, an inventor, who has not publicly disclosed his invention, can file a single international patent application in one language to begin the process of seeking patent protection in up to 148 PCT member countries. The PCT gives applicants the flexibility of having more time to study the market to determine the countries in which a patent will be necessary.
  3. Similarly, the Madrid Protocol allows trademark owners to seek protection of their marks in multiple member countries by filing one international application with their home trademark office, in one language, with one set of fees, and in one currency. The owner designates the member countries in which they want trademark protection, and their application information is forwarded to each designated country to examine it according to their domestic trademark laws.

Learn more about how the United States Patent and Trademark Office can help you safeguard your intellectual property overseas.

USPTO: Leading the Way on International Patent Harmonization

Nearly 80 percent of all patent applications filed worldwide are processed through five patent offices: Commerce's United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the State Intellectual Property Office of China (SIPO). In 2007, the five agencies formed a group called the IP5, to work on increased cooperation and collaboration. Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos and Deputy Under Secretary Teresa Stanek Rea attended the 5th Meeting of IP5 Heads of Offices in Porticcio, France on June 6th.  

As the USPTO implements the America Invents Act (AIA), signed into law on September 16, 2011, by President Obama, America is poised to implement an optimal 21st Century harmonized patent system. This administration is leading the process of reshaping an IP world into one in which national and regional patent systems are coordinated to create an optimal environment for technological innovation.

At this high-level meeting, the Heads of Offices focused on receiving and analyzing input from IP owners regarding how to make the patent process more user-friendly. As part of that vision, they discussed the concept of a “Global Dossier,” aimed at simplifying procedures for patent applicants and improving the efficiency of the offices when dealing with the same patent application.

The IP5 also reaffirmed their commitment to improve the Patent Cooperation Treaty (PCT), which already enables patent applicants to seek simultaneous patent protection with a single international application for up to 145 countries.

This was the first-ever IP5 meeting featuring the Heads of Offices. The next meeting of all Heads of Offices will be held in the United States, hosted by the USPTO, in 2013.