Normally you would need a license from the Commissioner of Patents and Trademarks to file for a patent in another country within six months of filing in the United States. As many foreign countries make all parent applications public upon filing, this may have some negative impacts in the United States.
Under treaties with most foreign countries, if you have filed a patent application in the United States it is possible to delay filing your application for a foreign patent for up to one year after the United States filing and still claim priority in the foreign country.
Yes, there is a strong possibility that a foreign country may use a different standard. For example, most foreign countries have an ¿absolute novelty¿ requirement for obtaining a patent, which is different from the "novelty" standard in the United States.
A patent attorney can assist you in filing your patent in another country. He can also determine if the new country has a different requirement for filing, and can then inform you of the differences.
Last Modified: 01-04-2012 04:19 PM PSTLaw Library Disclaimer
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