How to get international patent protection [Expert Advice]

Last updated : Sept 13, 2022
Written by : Federico Riva
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How to get international patent protection

How do I get international patent rights?

Procedure for Obtaining FFL A foreign patent application can be filed in IPO as a receiving office in Patent Cooperation Treaty request form using PCT-SAFE software. After the permit of such permission, the Patent Office India will transmit the application to the International Bureau.

What is international patent protection?

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.

Can we have a patent granted worldwide?

How can patents be obtained worldwide? At present, you cannot obtain a universal “world patent” or “international patent”. Patents are territorial rights.

How much does it cost to file a global patent?

A worldwide patent (or PCT) cost is $3500, provided you have already filed a complete patent application. It is invaluable for what it provides the inventor: the unique license to make, use, or promote his/her invention (and to license and promote it to others who will make, use, or promote it).

How long does it take to get an international patent?

Within 30 to 31 months, you must file a patent application with each country's patent office. Filing for a PCT application also gives you 18 to 19 months to decide which countries you want to apply for a patent in.

How long does an international patent last?

A patent granted on an international application filed on or after June 8, 1995 and which enters the national stage under 35 U.S.C. 371 will have a term which ends twenty years from the filing date of the international application.

How much does a patent cost?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Who can file a PCT?

The Applicant(s) Not everyone is allowed to file a PCT application. There must be at least one applicant who is a resident or national of a country that is a member of the PCT. The residences and nationalities of the applicants also determine where the PCT application can be filed.

Do I need to patent in every country?

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.

Can you get an international trademark?

You can file an international trademark application through the USPTO if: Your trademark is registered with the USPTO, or you have filed an application for registration; and. You are a national of, or domiciled in, the United States, or you have an industrial or commercial business in the United States.

What is international patent filing?

The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.

Are international patents worth it?

The benefit of worldwide patent protection is that potential buyers of your company may want protection in foreign countries. The downside to worldwide patent protection is the expense. However, cost-effective ways of preserving the right to worldwide protection and getting patents in foreign countries exist.

How much does a foreign patent cost?

So, you can assume that the cost of a foreign patent application is on-par with a US patent application. As you saw above, the total cost of that could be $10,000 – $40,000 per patent. There are hefty USPTO fees that go with a PCT filing, and depending on the size of your entity range from around $2,000 – $5,000.

How much is a UK patent?

It will cost at least £310 if you complete the process. To have the best chance of getting a patent granted you will usually also need to pay a patent attorney for help and advice. This can cost several thousand pounds.

What are the 4 types of patents?

  • Utility patent. This is what most people think of when they think about a patent.
  • Provisional patent.
  • Design patent.
  • Plant patent.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What are the disadvantages of PCT?

Disadvantages. The most obvious disadvantage of the PCT application route is that it increases overall costs. In some territories, the PCT application route is slower than direct national applications. However, as this also means that costs are deferred.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

What happens to patent When owner dies?

According to the U.S. Patent and Trademark Office, you can pass your patent to your heirs. You would do this in your estate planning. You will need to complete an assignment document that will legally allow the rights and ownership of the patent to pass onto your heirs upon your death.

Is Indian patent valid in US?

If a Patent is found to be invalid, it is revoked in all countries at the same time. Indian Patent Law only applies to patent disputes where the patent application was published but before the patent was granted. While the USA has a re-examination process that is different from that of the opposition party.

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How to get international patent protection

Comment by Thanh Meteer

hi I'm Rich Beem I'm a patent attorney in Chicago I'd like to talk with you about international patents how do you get worldwide protection for your invention well if you're an American it all starts in the US the key date is your US filing date for your patent application once we filed the US patent application for you there is up to a year under international treaties to seek international protection and that's under two key treaties one is the Paris Convention which is over a hundred years old it has been very successful you can file in the US and it within one year file in most other countries of the world in their patent offices and claim the benefit of the priority of the US filing date the other treaty that is very important for you is the patent cooperation treaty which in the patent field we call PCT under the PCT you have that same one year but instead of having to file in every Patent Office of the world you can file one PCT patent application in the US Patent and Trademark Office and you can designate all the countries of the world saying I want to retain my right to get patents in those countries and what that PCT application does is it buys you an additional 18 months so you now have a total of 30 months or two-and-a-half years from the date that you filed the US patent application until you actually have to go into each of the other countries or jurisdictions and one of the jurisdictions is the European Patent Office or the EPO and by going into there within that 30 months you can then proceed into getting patents in every one of those countries there are five leading jurisdictions of the world for patents one is the US Patent and Trademark Office one is the European Patent Office another is the Japan Patent Office those three together make up what's called the trilateral and those patent offices work very closely together the fourth and fifth are China and Korea those are very important jurisdiction for patents and between those five jurisdictions that's where 90% of the patent applications in the world are filed so first give your US patent application on file then I say get out and sell your product see if you can make some money on it because going international can be expensive the PCT patent application does not cost all that much and it buys you additional time but before you go into Europe and Japan Korea China before you go into those countries you want to make sure that you have something that's economically worthwhile because at that point we have to hire patent attorneys in those other countries we have to pay translation costs and filing fees every country wants a filing fee and they also have maintenance fees or taxes or annuities that have to be paid on patent applications from the date of filing in many countries so that's how international patents work get your US patent application on file that's the key date and then you have time to think about it but get out and sell that invention to make sure that it's worthwhile to proceed in the other countries I'm Rich Beem when you have international patent matters call me because I handle those kind of patent matters regularly day in and day out I can be reached at my office at three one two two Oh 100 one one thank you you

Thanks for your comment Thanh Meteer, have a nice day.
- Federico Riva, Staff Member

Comment by wareddX

what is the international patent process this video is going to give you all you need to know about filing patents outside of the united states and give the information on your different options for filing in foreign countries so if you're new here my name is dylan adams i'm a patent attorney and author of the best-selling book patents demystified which is an insider's guide to protecting ideas and inventions used by inventors entrepreneurs and startups worldwide including top universities like harvard stanford and mit you also might recognize me from my appearance on cnbc's hit show the profit with marcus lemonis so this channel is all about giving you the insider information about how i help my clients whether they be fortune 100 companies startups or shark tank companies protect their ideas and inventions so hit the subscribe button and the little bell icon so you get notifications of when new videos come out all right let's get right into it so the first thing i want to point out when it comes to the international patent process is there's no such thing as an international patent and people throw that term around and it leads people to think that you have a united states patent and then there can be this patent that covers the rest of the world or covers a lot of different jurisdictions and that's just not the case patents are jurisdiction by jurisdiction and so for instance you could have a united states patent and you can stop people from making using selling offering to sell the claimed invention within the bounds the united states or importing into the united states but you would have to have a patent in any specific other country to stop people from doing stuff there so for instance you know if you want to stop activity in canada you'd have to have a canadian patent if you want to stop uh activity going on in germany you would need a german patent if you want to stop stuff going on in china you need a chinese patent etc etc so patents in international countries are jurisdiction by jurisdiction so when people talk about an international patent what people are a lot of times referring to is there is an international patent application called a pct application which covers just about any jurisdiction and most of the important jurisdictions and i'll talk about pct applications in a moment so that's the important thing to note right off the bat is patents are jurisdiction by jurisdiction there's not some wide blanket uh international patent okay so there are two main ways that you're going to be able to file patent applications or or routes that you're going to be able to file foreign patent applications and when i'm talking about foreign keep in mind i'm talking about outside the u.s so i'm a u.s patent attorney i work with foreign patent applications all the time and so when we talk about foreign you know it's sort of non-u.s patent application so definitely keep that in mind so the two ways one is going to be by filing that pct application which i talked about or you can do direct national applications so with direct national applications you have to file those directly in each country and you have to do that that's sort of your first step okay it's very very expensive to do that filing fees are really expensive in each country and most countries require what are called annuities to keep the application pending um and you know like kind of like you know there are maintenance fees in the u.s once that application is issued a lot of foreign countries require yearly annuities to keep the application pending in addition to annuities once the application is issued filing fees can be really expensive in each jurisdiction varies by jurisdiction to jurisdiction and also you know kind of on the currency differences but then also there can be translations some countries require translations which can be expensive so if you're going to be starting the process with direct national phase at national applications it's a pretty expensive way to go so typically the way that we do it for most clients we file what's called a pct application so the pct application pct stands for paris cooperation treaty and it's really an international tree that just about every country has with each other that says hey if you file this unified pct application it's a placeholder then gives you time to then file national phase applications in each jurisdiction so a good way to think of it it's almost like a provisional patent application for international applications so you file the pct application and that's going to give you typically it's going to be it's going to be 18 months from when you file the pct application or really it's going to be 30 months from your original priority date and i'll get into the original priority date and what we typically do to start the the patent process and then do foreign so it's going to be typically about 30 months from your original priority date some countries are 31 months but just assume that it's going to be 30 months from your original priority date because that's you know it's better to kind of start the process um early as possible because what a lot of people don't realize is that hey you know you can't just file an you know a national phase application immediately sometimes you have to you know get all these these notarizations you have to get translations and sometimes it can take weeks if not months to actually file in certain foreign jurisdictions but i kind of digress so let's kind of talk about um the pct application and what countries you can file in and sort of the the timeline for that so the pct covers just about every every important country there are you know probably the good example of one that isn't covered is taiwan and it's because of sort of the political issues with china taiwan is not covered in the pct so if you're going to go into taiwan to you know if you if you're going in at the at the foreign deadline you have to go in directly you can't file a pct application wait 18 months or 30 months from your original filing date um and go into national phase countries and so let me let me get into the way we typically do uh the process with with foreign and why i keep on saying 18 or 30 months so what we typically do is we file a provisional patent application and that's the best way especially for startups and small companies to start the patent process a provisional patent application is just a placeholder you file it it waits in line at the united states patent trademark office and and automatically expires after one year that term cannot be extended so at the end of that year you have to file the united states non-provisional patent application to be able to claim priority back to the provisional application that that being to get the priority of the filing date of the provisional application you have to file the non-provisional within the year that the provisional is is filed so with foreign applications you have a year from your first first priority date to file foreign applications so the deadline to file your foreign applications is going to be year from the provisional just like the u.s non-p

Thanks wareddX your participation is very much appreciated
- Federico Riva

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