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ARTICLE · 20 MARCH 2009

FAQ On International Patent Strategy And Execution

Why does an international patent strategy matter? Patent rights are territorial. They are only enforceable where they are granted. Thus, a company must separately pursue protection of patent rights in other countries in which they desire to have protection.

United StatesIntellectual Property

1. Why does an international patent strategy matter?
Patent rights are territorial. They are only enforceable where they are granted. Thus, a company must separately pursue protection of patent rights in other countries in which they desire to have protection. The process for seeking protection, however, requires careful planning and execution, because of timing and cost considerations. Hence, setting a strategy helps keep clear goals and pursuits in sight throughout the process.

2. A patent issued by the U.S. Patent and Trademark Office (USPTO) cannot be enforced in other countries?
Correct; a U.S. patent cannot be enforced in other countries. A U.S. patent is enforceable only within the U.S. Likewise a patent issued in another country is not enforceable in the U.S. For example, a U.S. patent provides no protection against infringing activities that take place in Great Britain or Japan, or even in neighboring countries of Canada or Mexico. Likewise, a patent

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