Is my patent valid in the world?

When you obtain a patent, your invention is protected only in the United States, unless you apply for protection in foreign countries. To obtain worldwide protection, you need to apply in each country, separately. The cost can run in hundreds of thousands to obtain such protection.

However, there is another danger to patenting to consider. When you file for patent protection, you will have to publicize and disclose to the world details about your invention. If you only patent in the U.S., nothing will stop a foreign competitor to copy your invention in China and Europe, as long as they do not import the “infringing product” into the U.S. In a sense, by patenting your invention, you may allow your competitor to legally “steal” your invention.

Therefore, it is crucial to give careful consideration to your patent strategy. Here are a few questions to ask:

1. Who is my competitor?
Whether you are competing globally or targeting a niche U.S. market, may determine whether worldwide protection is necessary.

2. What is the size of the worldwide market?

3. Where are some strategic markets you see expanding your product in the next few years?
Consider patenting in select few countries that matter to your business strategy. That way, you can control patenting costs.

4. How is enforceability in other countries?
You hit a sore topic for discussion. Not all countries have same attitude towards patents. Even when enforced, you may recover a token amount. Who will pay for your legal fees?

The value of the patent is another important element to consider. Read "When Is It A Good Idea To Patent Your Invention?" for more information.

Before you run out spending valuable cash on patent attorneys, assess your patent value and the level of business protection from such patent.