When navigating the complex world of patents, a common question arises: Can two companies hold the same patent in different jurisdictions? Understanding the nuances of U.S. and international patent laws can clarify this issue.
The basics of patent protection
Patents only protect inventions within the country that grants them. The United States Patent and Trademark Office (USPTO) grants patents protected only in the U.S. To protect an invention internationally, you must file separate applications in each desired country or region.
The role of a global patent database
Patent examiners search global databases for prior art when reviewing applications. They ensure that the invention is new and not obvious. A U.S. patent becomes part of the global prior art. If another company tries to patent the same invention elsewhere, the search will likely find the U.S. patent. This prevents the second company from getting a patent for the same invention.
The Patent Cooperation Treaty (PCT)
The PCT makes it easier to seek patents in multiple countries. You can file one international application to pursue patents in over 150 countries. This system helps prevent different companies from holding patents for the same invention in different countries.
Licensing and patent families
While two companies can’t hold the same patent in different countries, they can make licensing agreements. These allow one company to use another’s patented invention. A single company can also have patents for the same invention in multiple countries, creating a “patent family.”
Seek help in protecting your patent
The global nature of patent searches and laws makes it unlikely for two companies to hold the same patent in different countries. Understanding prior art, the PCT and timely filings helps you navigate the patent landscape and protect your innovations.
However, to fully protect your invention, seeking professional legal help is still the best way to ensure patent protection. Many companies and individuals have tried to DIY patents and have regretted their choice.
Contact our experienced patent attorneys today to safeguard your intellectual property and secure your competitive edge. Don’t leave your innovation unprotected—reach out now for guidance. Our attorneys are ready to assist you at every stage of your patent’s life cycle.
