Obtaining an international patent involves several steps and can be a complex process. Here's a general overview:
Prior Research: Before applying for an international patent, conduct thorough research to ensure your invention is novel and not already patented by someone else.
Choose the Right Patent System: There are different routes to obtain international patent protection. The two main options are the Patent Cooperation Treaty (PCT) and the Paris Convention. Patent Cooperation Treaty (PCT): This system allows you to file a single international patent application, which can then be used to seek patent protection in multiple countries that are signatories to the PCT. Paris Convention: Under this system, you can file a patent application in one member country and then within 12 months file corresponding applications in other member countries, claiming the priority date of the first application.
File the Application: Prepare and file your international patent application through the chosen route. This typically involves submitting detailed descriptions, drawings (if necessary), and claims that define the scope of your invention.
International Search: After filing your PCT application, an international search is conducted by a recognized patent office to identify prior art relevant to your invention. This helps to determine the patentability of your invention.
International Publication: Your PCT application is usually published around 18 months from the priority date unless you request early publication.
International Preliminary Examination (Optional): After the international search report is issued, you may choose to request an international preliminary examination. This provides you with a non-binding opinion regarding the patentability of your invention.
National Phase Entry: After the international phase, you enter the national phase in each country where you seek patent protection. This involves filing national patent applications within specific timeframes, typically within 30 months of the priority date.
National Examination and Grant: Each national patent office examines your application according to its own laws and procedures. If your application meets the requirements for patentability, the patent office may grant you a patent.
Maintenance and Renewal: Once your patent is granted, you must pay maintenance fees to keep it in force in each country where it's granted. These fees vary depending on the country and are usually due annually or biennially.
Enforcement: If someone infringes on your patent rights, you can take legal action to enforce your patent in the relevant jurisdiction(s).
Before embarking on the international patent journey, inventors must conduct thorough research to ensure their invention meets the criteria for patentability.
This involves assessing whether the invention is novel, involves an inventive step, and is industrially applicable, as per the requirements of the respective patent offices.
2.Filing the PCT Application:
The Patent Cooperation Treaty (PCT) provides a streamlined process for seeking patent protection in multiple countries.
Inventors file a single international patent application under the PCT, typically through their national or regional patent office.
The application includes a description of the invention, claims defining the scope of protection sought, and any necessary drawings or diagrams.
3.International Search and Preliminary Examination:
Upon receiving the PCT application, an international search is conducted by a designated International Searching Authority (ISA).
The ISA identifies prior art relevant to the invention, helping the inventor assess the novelty and inventiveness of their invention.
Optionally, inventors can request a preliminary examination, which provides a non-binding opinion on the patentability of the invention.
4.Publication and International Publication:
The PCT application is typically published 18 months after the priority date, making the invention's details available to the public.
International publication occurs shortly after filing the PCT application, further disseminating information about the invention.
5.National Phase Entry:
Within 30 months of the priority date, inventors must decide in which countries or regions they wish to pursue patent protection.
They enter the national phase by filing corresponding national or regional patent applications in the chosen jurisdictions.
Each national or regional patent office examines the application according to its own laws and regulations.
Obtaining an international patent involves several steps and typically follows the process outlined by the Patent Cooperation Treaty (PCT), which is an international agreement that simplifies the process of filing patent applications in multiple countries. Here's a general overview of the procedure:
Prior Art Search: Before filing for a patent, it's important to conduct a thorough search to ensure that your invention is novel and not already patented by someone else. This can help you gauge the likelihood of your patent application being granted.
Prepare Your Patent Application: Draft a patent application including a detailed description of your invention, along with any drawings or diagrams necessary to understand it. The application should clearly define the scope of your invention and how it differs from existing technologies.
File a PCT Application: The next step is to file an international patent application under the Patent Cooperation Treaty (PCT). You can file the PCT application with your national patent office or directly with the World Intellectual Property Organization (WIPO). The PCT application establishes a priority date for your invention and allows you to seek patent protection in multiple countries.
International Search: After filing the PCT application, an international search is conducted by a designated international searching authority (ISA) to identify prior art relevant to your invention. The ISA will provide you with an international search report (ISR) and a written opinion on the patentability of your invention.
Publication: Your PCT application will be published approximately 18 months after the priority date, unless you request early publication.
International Preliminary Examination (Optional): You have the option to request an international preliminary examination (IPE) to receive a non-binding opinion on the patentability of your invention. This step is not mandatory but can help you identify potential issues with your application before entering the national phase.
National Phase Entry: After the international phase, you must enter the national phase in each country where you want to seek patent protection. This typically involves filing a national patent application within 30 or 31 months from the priority date, although this timeframe can vary depending on the country.
Examination by National Patent Offices: Once you enter the national phase, your patent application will be examined by the respective national patent offices according to their own patent laws and procedures. You may need to respond to office actions and make amendments to your application during this process.
Grant of Patents: If your application meets the patentability requirements of each national patent office, you will be granted a patent in those countries.
Maintenance and Renewal: After your patents are granted, you must pay maintenance fees to keep them in force in each country. These fees vary by country and must be paid periodically to maintain your patent rights.
Keep in mind that the process may vary slightly depending on the specific requirements of each country's patent system. It's also advisable to seek guidance from a patent attorney or agent who is familiar with international patent law to navigate the process effectively.
After many years of active practice in patent application filing, prosecution and defense, I have determined that very few of the many applicants who were coming to me had invented something worth their time and effort, not to mention money, to file an application. I came to this conclusion when I worked for some time on ways to defeat patents, at the request of several clients. Large corporations hire teams to defeat patents of their competitors, and have massive funding to commit to the effort. It was then that I realized that the real time, effort and expense came into view, not during application and prosecution, but AFTER award, and in defense of one's patent rights. Of the many applications from clients that I reviewed and chose not to prosecute because they failed basic requirements of usefulness, uniqueness, and value to science, industry or the public, the few that I deemed worthwhile were inventions from individuals, and not large companies. And this is precisely where the problems begin. Individuals are not usually gifted with large, if not seemingly infinite, funding to defend their rights under the patent they may be awarded; whereas, large companies that generate more patents that I view less worthy of recognition and award are the very ones with immense funding supporting their ideas and, hence, the defense of those ideas.
The better approach to defending one's invention(s) is protecting them as trade secrets. I can address this further at anyone's request.