Legal Question in Intellectual Property in North Carolina
Expert Needed
I have filed for a patent and received a confermation # back on it. My attorney thinks I should file for an overseas patent now. If I don"t, will an overseas firm be able to file for the same thing, and make my patent useless?
1 Answer from Attorneys
Re: Expert Needed
I need a few more facts to know the answer, but offhand it sounds like you are either getting bad advice or misunderstanding the advice. Normally you would not want to file immediately directly overseas at all, but rather to do it indirectly in two phases(international phase and national phases) by filing a PCT case (international patent application) in the US designating up to 100+ countries (including all the major ones) so you can delay the major costs and so that the international search and international preliminary examination can be done by the same US attorney at the US Patent Office. How long has your attorney been out of law school and has he ever filed a PCT case?