Filing Patent Complaints in the United States

The medication for sleep breathing disorders is a massive market worldwide. Since companies in the industry can export their products to countries around the world, it is important for each brand to establish itself by registering its patents with the regional patent office. For example, a Chinese organization selling its sleep breathing disorder treatments in the United State would need to record its application and render patent translation services for the documents it is required to submit. Failing to follow the US Patent and Trademark Office’s instructions regarding their patent translations or deadlines will result in the rejection of their application. Therefore, finding the right patent translation services provider and the meeting deadlines are both critical factors that such companies should consider.

Apex Medical Corp, a medical supplies manufacturer based in Taiwan has recently filed a lawsuit in the United States against ResMed, Inc for violating six of its patents. This Taipei-based entity hopes that the USPTO takes a look at ResMed’s intellectual property rights and permits it to sell its products for sleep disorders in the American market. Lawyers who specialize in international commerce and trademarks are good candidates for taking such cases. The ones that have been practicing in the legal field for a long time usually know of professionals who provide patent translation services. Clients from another country who are unfamiliar with the procedures in the United States can benefit from being referred to a translator who can accurately translate patents.

Apex Medical Corp’s legal team has collected evidence to prove that ResMed’s patents were not actually original. They have to ask a court-certified translator to translate all of their documentation into English so they can present their case in American courts. In order for the USPTO to accept their case they need to gather strong evidence and translate all the documents from Chinese to English. The treatment for sleep breathing disorders is a large market that no business is willing to let go of. Any company that is very serious about establishing its brand in the United States should be willing to take on the time and fees required to file a patent application with the USPTO. Foreign firms should also be extra cautious about their choice of translator for the translation of their patents into English. Translating the patent properly is an integral part of the application. As such companies like Apex Medical Corp that are headquartered outside of the United States should seek patent translation services from translators who are approved by American courts.

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