For example, the use of a process in an Oriental or European country to make a product sold in the United States, is not an infringement of a U.S. patent for the process. Infringement of the U.S. patent cannot be predicated upon acts consummated in a foreign country. The only remedy would be from the enforcement of a process patent which exists in the particular foreign country. Essentially all are accessible now to U.S. patent applicants and practitioners. Without the benefit of the priority period it may be too late to file a foreign patent application because of intervening sales and usage by the inventor.
Different routes are available to an inventor for obtaining a patent in foreign countries.
There can be unique and different situations that dictate creative and special foreign patent filing techniques. However, for most inventions, once the various possibilities have been evaluated, the most effective procedure for foreign patent filing will be the PCT-EPO route. The PCT and European Patent Office system will be further explained. National, Regional or International Filing One can file foreign patents nationally, regionally or internationally. National filing requires the applicant to file separate applications in each country.