Every form of intellectual property (patent and trademark) is granted by a country, for use only in that country. A U.S. patent will protect against a competitor making, using, selling, or offering for sale in the U.S. If they make it in China, and sell it in Europe, they will not infringe (although they will infringe if they try to sell that product in the U.S.). If you want to protect your invention in another country, you must file in the other country (or countries).
For patents, a U.S. application does establish international “patent pending” status throughout almost the entire world for up to one year. So you don’t have to worry about international protection right away. When the one-year anniversary approaches (typically about 10 months after filing), you should discuss foreign filings with your Attorney, and determine if you would like to file for foreign patent protection.
Foreign filing is expensive and complicated, so this is definitely a topic you should discuss with your attorney when the foreign filing deadline approaches.
Foreign Filing
Foreign Filing for Patents
Below you can find some inital quotes for filing in other countries for Utility and Design Patent applications. Foreign filings quickly become quite expensive, and it is important to note that these application fees do not include the many ongoing fees and future fees required in foreign practice, including a fee for Requesting Examination, an issue fee, annual maintenance fees, and translation fees (for non-English countries). Select your foreign patents carefully, and be prepared to budget ongoing fees and expenses for each country and/or region selected.
Utility Patents
European Union (Region): $6800
China: $4800
Korea: $2800
Canada: $3800
Mexico: $4400
Australia: $2400
Japan: $6800
UK: $5500
France: $4500
Germany: $3500
Design Patents
European Union (Region): $3500
China: $2400
Korea: $2400
Canada: $2400
Mexico: $2800
Australia: $2400
Japan: $2300
A very common approach to foreign protection is to file a “Patent Cooperation Treaty” Application (PCT), which maintains international protection for up to 30 months from your first non-provisional application filing, at a cost of about $4500-6500. At the end of the PCT process, however, it is necessary to select specific countries (or, in the case of Europe, you can select the entire region). Europe is a popular option to protect consumer countries. China is popular if you want to protect against foreign manufacturing. Foreign filing is expensive and complicated, so this is definitely a topic you should discuss with your attorney when the foreign filing deadline approaches.