What is the procedure for foreign patent applications?

In South Dakota, there are specific procedures that must be followed for a foreign patent application. The first step is to determine if an international patent application is necessary or if a domestic patent application is sufficient. If the invention is to be used outside of the United States, an international patent application must be filed. The second step is to determine which international patent application must be filed. The World Intellectual Property Organization (WIPO) offers two options: the Patent Cooperation Treaty (PCT) and the Convention application. The PCT is recommended for applicants who are looking for a broader international protection of their invention. The Convention application is the less expensive and more straightforward option and is used by applicants seeking patent protection in a select group of countries. The third step is to draft and submit the patent application. The application must comply with all applicable international patent application filing requirements, such as providing detailed descriptions and drawings of the invention. The application must also be filed in all of the countries where the invention will be marketed and/or used. The fourth step is to receive any necessary responses from patent offices or other patent-issuing authorities. These responses may include requests for additional information, payment of additional fees, or an outright rejection of the application. The fifth step is for the patent applicant to monitor the progress of their application. The applicant will receive any final decisions on the application, as well as communication about any actions they must take. This includes a request to pay any additional fees or comply with other requirements that have been requested by a foreign patent office.

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