As another example, the Patent Cooperation Treaty (PCT), also administered by WIPO, provides a centralized process for filing international patent applications. It allows inventors to submit a single international patent application, which can then be recognized by over 150 participating countries, including the U.S. The PCT does not grant an international patent but simplifies the process by deferring the need to file separate applications in multiple jurisdictions. After filing a PCT application, businesses have up to 30 months to pursue patent protection in individual countries. The PCT system helps companies secure early filing dates while assessing the commercial viability of their inventions before committing to full national phase filings. 6.2 Patent Protection Patents grant exclusive rights to inventors for new and useful inventions, protecting against unauthorized use or reproduction. The United States Patent and Trademark Office (USPTO) oversees patent registration. The U.S. follows a first-to-file system, meaning that the first entity to file a patent application will receive protection, regardless of who originally invented it.
Types of patents include:
(i) Utility Patents (protect functional inventions, valid for 20 years from the earliest filing date).
(ii) Design Patents (cover ornamental designs, valid for 15 years).
(iii) Plant Patents (for new plant varieties, valid for 20 years).
The average timeline for patent approval is 1 to 3 years, with attorneys’ fees ranging from $5,000 to $15,000, depending on complexity.
6.3 Trademark Registration A trademark protects brand names, logos, slogans, and other identifiers. Trade dress refers to the total image and visual appearance or features of a product or its packaging that signifies the source of the product and can be protected in the same way as trademarks. Foreign businesses should register their trademarks in the U.S., even if they hold trademarks in other countries, to prevent local competitors from registering similar marks and blocking their use. The USPTO handles U.S. trademark registrations, granting exclusive rights for 10 years, with unlimited 10-year renewal periods. The process typically takes 12 to 18 months, and government filing application costs range from $250 to $750 per class of goods/services. A trademark must be used in U.S. commerce before final registration is granted unless the applicant is filing based on a foreign registration or application. Foreign applicants can file in the U.S. under Section 44(e) based on a prior registration in their country of origin and do not have to show use in the U.S. until the renewal period between the 5th and 6th year of the
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