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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.

Question: Do I need to file the domestic and foreign patent applications at the same time?

Answer: Generally, you do not need to file the domestic and foreign patents at the same time. The Paris Treaty allows you up to one year to file in foreign countries that are members of the Paris Treaty provided the domestic country is also a member of the Paris Treaty. Also, you can file under the Patent Cooperation Treaty (”PCT”)and provided you file for PCT protection within a year from filing in the domestic country, you will get the filing date of the application filed in the domestic country. The benefit of the PCT is that you can have up to 30 months to decide what countries to file for patent protection. This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law with the assumption that you have created a patentable idea and have not disclosed it to anybody or offered it for sale.

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