Posted by Michael Shimokaji | May 19, 2019 | 0 Comments

QUESTION: Filing patent overseas? How does a company file patents after they have invested into a company and product that the current inventor only filed for in the usa. For instance i patent a product and place that product within a company.and then choose to leave that company and sell my equity stake.Now the organizations involved within the company don't have patents in say canada and europe what do they do then..Do they need me to continue to continue to patent as i am the obvious inventor of the product or can they patent on there own or possibly just lose patentability regardless by competitors already replicating the product. And how are national laws in trying to replicate a inventorship of a product that has clearly been invented in another country i see this as a conflict.This is like someone inventing bubble gum in the united states and its clear they invented it and now someone in europe is trying to say they can invent it and can even file in other countries.

ANSWER: You probably assigned ownership of the patents to your company. They can file for patent protection outside the US without your participation. The foreign patents can be based on the US patent – which effectively allows the same invention to be patented in different countries.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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