Protecting intellectual property rights (IPR) overseas

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices. Almost every country has its own patent law, and a person desiring a patent in a particular country must make an application for patent in that country, in accordance with the requirements of that country. Similarly, local laws apply to trademark, copyrights, and other forms of intellectual property in each jurisdiction.

IPR Toolkits

IPR Toolkits provide detailed information about protecting and enforcing intellectual property rights in specific markets, along with contact information for local IPR offices abroad and U.S. government officials available to assist you. The information provided in them by no means constitutes legal advice, and should not be a substitute for advice of counsel. Their intended purpose is to provide an overview. Two of the most recent IPR Toolkits are available below. Additional toolkits are available at StopFakes.gov, the U.S. government’s one-stop shop for tools and resources on IPR.

General information on protecting your IPR overseas

How do I protect my intellectual property overseas?

Many small companies experience difficulty protecting their IPR abroad, including in China, as they are not aware of how to obtain and enforce rights in foreign markets. Some basic, often low-cost, steps small companies should consider include:

Working with legal counsel to develop an overall IPR protection strategy;
Developing detailed IPR language for licensing and subcontracting contracts;
Conducting due diligence of potential foreign partners (The U.S. Commercial Service can help — see Export.gov);
Recording their U.S.-registered trademarks and copyrights with Customs and Border Protection; and
Securing and registering patents, trademarks, and copyrights in key foreign markets, including defensively in countries where IPR violations are common.

How do I register my patent, trademark, or copyright overseas?

Patents and trademarks are territorial and must be filed in each country where protection is sought. A U.S. patent or trademark does not afford protection in another country. For more information on how to apply for individual patents or trademarks in a foreign country, contact the intellectual property office in that country directly. A list of contact information for most intellectual property offices worldwide can be found at the World Intellectual Property Organization. However, the Patent Cooperation Treaty (PCT) streamlines the process of filing patents in multiple countries. By filing one patent application with the U.S. Patent and Trademark Office (USPTO), U.S. applicants can concurrently seek protection in up to 143 countries. Learn more about filing an international patent application under the PCT.

The Madrid Protocol also makes it easier to file for trademark registration in multiple countries. By filing one trademark registration application with USPTO, U.S. applicants can concurrently seek protection in up to 84 countries. Information about filing an international trademark registration application under the Madrid Protocol is available from the USPTO website.

Although most countries do not require copyright registration in order to enjoy copyright protection, registration can offer several benefits, such as proof of ownership. The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. A listing of countries and the nature of their copyright relations with the United States is available from the U.S. Copyright Office.

IP protections in the UK

IP protection in the UK following Brexit: U.S. stakeholders have raised questions about the future of IP rights in the United Kingdom once it leaves the European Union. Will registrations for trademarks and designs issued by the EU Intellectual Property Office continue to have effect in the UK? Will the UK remain in the Unified Patent Court? Will the UK continue to provide reciprocal copyright-related protections and benefits agreed to between EU member states? The UK Intellectual Property Office answers these and other questions on this webpage.
Protecting Intellectual Property in the United States: A Guide for Small and Medium-Sized Enterprises in the United Kingdom