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provisional patent application
18 Jan, 2023 0 Editorial Team

Does A Provisional Patent Application Give Me International Secure?

The majority of other nations do accept a U.S. provisional patent application. Most foreign countries permit you to file a patent application, and that foreign application may use the U.S. provisional patent application’s filing date as its filing date. The foreign patent form must be filed within a year of the date the American provisional patent was submitted. Which nations have a provisional patent that was submitted in the United States? Keep reading.

Do I have international protection?

Let’s be clear about what I mean by saying that a provisional U.S. patent application gets you “protection” worldwide. A foreign patent application may use, receive, or formally refer to as “claiming” the filing date you got when you submitted the provisional patent application if you have a U.S. patent application. To put it in another way, if you submit a U.S.For instance, if you submitted a provisional patent in the United States on August 1, 2018, you may submit a Canadian patent application by August 1, 2019. It would be allowed to treat as though you submitted the Canadian application on August 1, 2018, as it would take August 1, 2018, the date of the U.S. provisional patent.

This means that as of August 1, 2018, you are in front of anyone who might have applied later for a patent with the Canadian Patent Office. You are “protected” in this sense. You are not secured, then, in the sense that no one has yet been able to produce your idea in Canada or another country. Before you have full patent rights to possibly stop others from making your invention, the patent application in these other nations must be approved.

How can I execute my U.S. provisional patent application internationally?

Before the provisional patent expires, register your foreign patent application. It would be best to remember that a U.S. provisional patent expires 12 months after receiving it. Hence, you must file your foreign patent applications before it expires so that they may take full advantage of the U.S. provisional patent’s filing date. The patent office is distinct for each nation. Thus, before your U.S. provisional patent expires, you would have to submit one patent application each in Canada and Australia if you wanted to get a patent in both countries, for instance.

Which nations consider U.S.  provisional patent applications?

The provisional patent filed by the United States is often accepted by nations that are members of the Paris Conference Act. Before submitting a patent application, we would verify with a legal adviser in the target nation. Furthermore, some nations like Taiwan are not members of the Paris Conference Act but still respect the U.S. provisional patent application. Before filing a patent application to a specific country, we would research its laws.