International Patent Filing: Expanding Protection Beyond Borders
International Patent Filing: Expanding Protection Beyond Borders
Blog Article
It is insufficient to protect an invention in a single jurisdiction when it has commercial potential in several nations. By securing rights in several nations, international patent filing enables companies and inventors to broaden their market reach and stop illegal use of their inventions overseas.
It's crucial to remember that a "worldwide patent" does not exist. Alternatively, inventors can file directly in individual countries (the Paris Convention route) or through simplified systems like the Patent Cooperation Treaty (PCT) to seek international protection.
1. The Patent Cooperation Treaty (PCT) route
The World Intellectual Property Organisation (WIPO) oversees the PCT, which provides a simplified procedure for submitting a single international application accepted by more than 150 member nations.
Procedure for Filing a PCT:
Within a year of submitting your first national application, submit an international one.
Get a written opinion on patentability along with an International Search Report (ISR).
Request an international preliminary examination if you'd like.
Within 30 to 31 months of the earliest filing date, enter the national phase in a few chosen countries.
Benefits:
more time to evaluate the potential of the market.
delays the expenses of filing in several countries.
initial processing that is centralised.
2. The Convention Route of Paris
Within 12 months of the initial filing (priority date), applicants can use this method to submit separate applications in several different countries. When protection is required in a small number of countries, it is perfect.
conclusion
For innovators aiming to reach international markets, international patent filing is crucial. It boosts commercial value, supports business expansion, and guarantees exclusive rights internationally. Your business plan, financial constraints, and target markets will all influence your decision between the PCT and the Paris Convention. Making the correct decision and effectively managing filings across jurisdictions can be aided by speaking with a patent lawyer or agent.