Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Foreign Filing Beyond the U.S. Patent

BY Robert A. Myers
October 07, 2003

Foreign counterpart patents are an important tool in the hands of a company or inventor with a well thought out patenting strategy. In contrast, they can be an expensive, unproductive and time-consuming diversion for companies that address the matter of foreign filing protection in an ad hoc manner. The following analysis describes the problem in some detail, and then describes a structured approach to making foreign filing decisions that some companies are effectively deploying.

The Problem

A United States patent grants its owner an exclusionary monopoly in the U.S. The patent owner has the right to prevent any other party (with the exception, in
certain cases, of agencies of the U.S. government) from practicing the invention covered by the claims that were allowed. Patent owners have the right to stop the manufacture, sale or use of infringing products and services. Although U.S. law also provides the important additional right to prevent the import of infringing products, the patent owner has no other control with regard to foreign manufacture, sale or use. The only way to secure this protection is to obtain a patent in every jurisdiction where there is a risk or likelihood of economic damage from patent infringement.

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.