Join
Setting up Growing Innovating & Raising Our region The network Events News Membership About us Directory Contact

Intellectual property · 01 of 01

Protecting your brand and patents in the US

Why a European filing protects nothing here, and the protection routes open to a US company.

What this guide covers

The territoriality of intellectual property rights, the titles that exist in the United States, the deadlines to respect so as not to lose priority, and the treaties that allow extending a filing made elsewhere.

What exists

Trademarks

Acquired through use in commerce and strengthened by federal registration with the USPTO. A European registration has no effect here.

Patents

The system is first-to-file: the filing date prevails over the invention date. Public disclosure before filing can compromise protection, under grace-period rules specific to the United States.

Extension treaties

The PCT for patents and the Madrid Protocol for trademarks allow extending an original filing, within strict deadlines counted from the first filing.

Trade secrets

Protected by federal statute provided reasonable confidentiality measures are actually implemented. The route chosen when a patent would expose too much.

What surprises people arriving from Europe or Quebec

The first to file prevails, whatever prior use exists elsewhere. A brand traded in Europe for fifteen years can face a later US filing, and the European holder finds themselves buying back their own name.

Where it gets complicated

Extension deadlines run from the first filing, not from arrival on the US market. A founder discovering the subject after two years of European activity has often let the most favourable window pass.

Official sources

What French Executive Network can do

Introduce you to the French-speaking business lawyers, accountants and tax advisers in the network who handle this subject, and to the members who have already been through it.