Global Technology and Local Patents. (cover story)

This article discusses the challenges posed by international patent laws to the Internet. Patents can often be obtained in more than one country. If an application is filed in a foreign country and a patent on the same invention is filed in the U.S. within 12 months, then the date of filing for U.S. purposes will be the original foreign filing date. Many countries award patents to whomever files an application first. Being first in line for a patent can help in a competitive marketplace by establishing patent rights ahead of other inventors. The multilateral Patent Cooperation Treaty of 1978 also provides support for patent protection in a global marketplace by allowing an international patent application through the filing of a U.S. patent application. Obviously, multinational patenting presents its share of challenges. An initial business decision needs to be made as to the costs and benefits of long-distance patents and the potential for long-distance patent litigation. An important factor to consider when making that decision is that the patent laws of many countries differ from those of the U.S. U.S. law, for example, allows computer software to receive patent protection as well as copyright protection. By contrast, the European Union voted not to extend patent protection to software. INSET: Behind the Scenes.