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Best Practices In International Patent Law

posted 25 of September 2013 by John Moetteli


This blog will be of no interest to you if you are not involved with procuring or litigating patents across disparate national borders. If you are content with local, national patent protection, save yourself some time and leave this page now.

What is a global patent?

Although there is no such thing as a "global patent", there is such a thing as a portfolio of patents which protect an invention in important global markets. Most such portfolios stem from a first priority filing, which, if it describes the gist of the invention, could then be considered as the parent or initial application in the portfolio upon which all patents in the portfolio derive their most important protection. When that priority application is converted into a regular application or applications, such as a group of national or regional applications and/or an international application, the disclosure of the invention is carved in stone. If that regular application is a regional or PCT application, the bundle of national rights which derive from the regional or PCT application depend exclusively on the regional or PCT application. The national rights that derive from this regional or PCT application benefit from or are handicapped by this parent application. Considering the fact that most innovative companies spend many thousand dollars on obtaining the resulting rights, it is very often critically important to ensure that the pedigree of the regional or PCT application is good.

This is where the selection of experienced patent counsel can make or break a company. With experienced patent counsel, one can avoid the problems that are associated with the complexity of the patent laws as opposed to being a victim of inexperienced counsel, which struggle with these complexities as they learn on the job, often at the client's expense.

This is a forum for only those patent attorneys who can truly be labeled "international" in that they are individually and currently licensed in two or more disparate jurisdictions, non-overlapping jurisdictions. Being a licensed German and European practitioner alone does not qualify, although these persons may be experienced, perhaps more so than those licensed in two disparate jurisdictions (such persons are nevertheless invited to show their experience here). However, European and American, German and American, Austrian and Canadian, or Swiss and American, would indeed qualify. The requirement to bear the icon of an international patent attorney is to be licensed in the nation in which you are practicing, and also in one other non-overlapping jurisdiction.

29 of September 2013 – posted by Jim
Thank you for your posting, I look forward to further updates.

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