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December 2005


Question: My patent is in the consumer electronic field. In which foreign countries, at the minimum, do you recommend I file patent applications (my budget is limited…)?

Answer: It is really a business decision and not a legal question regarding what foreign countries you should file in. The standard answer is you should file in every country where you think your invention will be marketable. I would recommend that you file an application under the Patent Cooperation Treaty (”PCT”). If you file the application in the United States and then file the PCT application within a year from when you filed your application in the United States, you will get the filing date of your US application. Then you may have up to 30 months to raise money and try and file in the foreign countries you want patent protection. I don’t know the specifics of your situation and it would be best if you would contact a registered patent attorney and give them the details specific to your situation.

Nothing in this blog is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.