"In a globalized economy, it's essential to understand that patents are still nationalized documents. For example, a U.S. patent only grants the right to exclude others from making, using, selling, and importing the claimed invention within the United States. It has no bearing on activities in Europe, Canada, Mexico, China, or anywhere else in the world. To restrict activities there, you will typically need a patent granted in each relevant country. This can boil down to filing and prosecution on a per-country basis."
"Thirty-nine contracting nations of the European Patent Convention-a separate treaty more inclusive than EU membership-have organized a unified European Patent Office (the EPO). Instead of applying directly to the national patent offices, you may file a single application with the EPO. That office then examines the case, and upon its allowance of the claims, you may then pay a validation fee for each member country of your choosing (plus any further translation costs) to obtain a proper national patent in each of those countries."
"And as the panel will discuss, there's also more recently, an additional or alternative form of patent protection available in Europe under the Unitary Patent, where 18 signatory countries have agreed to have one forum for patent proceedings resulting in one decision that is enforceable across all 18 countries. Given many strategic factors, understanding your options is key to securing robust international protection for your inventions."
Patent rights are territorial and a U.S. patent grants exclusion only within the United States for making, using, selling, and importing the claimed invention. Activities outside the issuing country usually require patents granted in each relevant jurisdiction, leading to separate filings and prosecution per country. The European Patent Convention permits filing a single application at the European Patent Office, with subsequent national validations and potential translation costs to obtain patents in chosen member states. The Unitary Patent offers a single enforceable decision across 18 participating countries. Strategic choice among national, EPO, and Unitary routes impacts cost, coverage, and enforcement.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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