Considerations For Innovators When Navigating Patent Eligibility On The International Stage

Finnegan attorneys Paul Browning, Christopher Johns, Sara Leiman and Yelena Morozova explain some of the differences between patent-eligibility standards in the U.S. and those in other parts of the world.

Ever year patentees file more patent applications in a wider range of countries. Since the Patent Cooperation Treaty (PCT) came into force in 1978, nearly four million PCT applications have been filed to enable patentees to obtain international protection for their inventions — and more than half of these PCT applications were filed in the last ten years.¹A broad patent portfolio is of increasing importance to large and small companies in a variety of fields.

Yet, prosecuting patents in different countries can be challenging. Each country has its own laws for pursuing patent applications and achieving enforceable patents. And while treaties and other agreements (like the Paris Convention and the PCT) lay a foundation for many countries' patent systems, local