Is it possible for other countries to grant patents to US inventions that have already been published and sold in the US?

In most cases, international products are patented in more than one country. The patented products can be bought and sold by the patent holder within any of these countries and stay protected. However, simply having a patent through the USPTO does not guarantee any protections in other countries. You must have a successful patent in any country that you seek protection of your patent.

The Patent Prosecution Highway (PPH) is a cooperative program between the United States Patent and Trademark Office (USPTO) and participating foreign patent offices. The PPH allows for certain patent applications to be expedited and approved since they have already received a favorable ruling from a participating country. Therefore, when you have a patent in one country, a participating country’s patent office can fast track your application in that country as well.

The USPTO provides a list of participating countries here.

There is a great article on my company’s blog that will delve into what can and cannot be patented. I think you’ll find some useful information. You can find that article here.

If you’d like additional assistance, we here at LawTrades can help to match you with a skilled patent attorney to help with both your US and international patent needs.

Hope this helps!