Expanding your invention and taking it to a global market is an exhilarating experience. It is also a complex one. To protect invention internationally, it is important to note that patent rights are secured individually by each country. Your invention is only protected within a country where it has been filed and validated.
Key Takeaways
Many inventors make the common mistake of believing that a patent exists at a global or international level. The procedure may seem daunting at first. It is actually a manageable and highly rewarding one.
The key is to take action early and leverage the tools and structures. The ones already established, such as International Treaties and Regional Patent Systems. A great global patent strategy can protect your innovation anywhere in the world: Europe, Asia, or even continents away.
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Connect with John Rizvi today and build a powerful international patent strategy for your innovation. Success is just a step away, where you meet John Rizvi and address your concerns.
The International Patent Application Process to Follow
Each nation has its unique requirements. The overall application process is a structured one. You can successfully navigate the global patent application process by learning the steps involved.
1. Initial Filing (Priority Application)
You should file a patent application for your innovation in your home country. This gives you a priority date for your application. A crucial step for global patent applications.
You have 12 months from the priority date to file an international application while maintaining the original date.
2. File a PCT Application
During the 12-month waiting period, you can submit an international patent application under the PCT. This one application:
- Protects 150+ countries worldwide
- Delays major costs
- Produces a global search report and opinion
3. International Search & Publication
An International Searching Authority will check your invention for “novelty” and “patentability.” Your application will be published after 18 months, and your invention will become publicly known.
4. National Phase Entry
After 30 months, you will need to enter the “national phase.” This is where you will need to file your application separately for each of the countries you wish to file in.
This is where the laws will apply, and this is where your patent protection will really start.
5. Examination and Grant
Each of the countries will examine your application based on their own laws. When your application is approved, your patent will be “granted” for that particular country.
European Patent Strategy: Is it the Same as the U.S. One?
Europe has a regional strategy that is a bit different from the rest of the world. All thanks to the European Patent Office (EPO). Instead of filing your application for each of the countries, you will only need to file your application once. Later on, you will need to validate your application for several countries.
Key Advantages of European Patent Strategy:
- Centralized application process
- High-quality examination process
- Regional coverage is extensive
Validation is necessary for each country.
Must Consider Costs and Compliance Across Borders
One of the greatest hurdles in the filing of international patents is the cost involved in the process. The costs may vary. They may include the following:
Filing costs
Translation costs
Legal costs
Maintenance costs
Each of these countries has different requirements, and if these requirements are not met, the patent may be forfeited. It is important to be strategic about the countries to be filed in, as the invention should have real-world value in those countries.
Expert Tip
“It is important not to file the patent in all countries, as this would be costly, and the value of the invention would be maximized if filed in fewer countries.”
Kalyan C. Kankanala
Intellectual Property Attorney & Patent Expert
Mistakes to Avoid During the Process of International Patent Filing
There are certain mistakes that are commonly made by people who want to file international patents. These mistakes include the following:
- Missing the deadline of the priority date, which is 12 months
- Filing without conducting prior art research
- Failing to recognize the importance of translation
- Failing to recognize the importance of maintenance costs
U.S. vs. International Patent Strategy: Which One is the Best?
If your primary market is domestic, then perhaps the best course of action is to file for a U.S. patent first. International filings can be done once your invention has proven viable.
But if your invention has international appeal, then planning for international patent application routes is essential. In the case of filing in the European countries, detailed technical documentation is required.
Don’t let your invention go unprotected on the international scene.
Work with John Rizvi to develop a smart and cost-effective international patent strategy. Join us now and be enlightened with ideas that can take your invention to the next level
Conclusion
In order to protect your invention on the international scene, it is not enough to have a good idea. A well-planned and well-structured legal strategy is the need of the hour. Every step of the process, from filing the first patent application to the PCT process and entering the national phases, plays an important role in the process. Though the process is complex and involves several jurisdictions and costs, it also brings with it the opportunity to tap the international markets with your invention.