For obtaining patent grant in different countries you need to file patent application for each country separately. It is because there is no single patent that gives you patent grant all over the world for your invention. Thus, you need to focus on international patent filing strategy. It helps you acquire worldwide patent grant in countries of your choice.
Before commercializing your invention, you need to file a patent application for it to get a patent grant. However, it is an early stage where your might not have enough funds. And you are unsure where to get a patent grant. Also, patent filing cost varies from country to country. Apart from conventional fees i.e. government fees, you also need to pay translation fees. It is in countries that don’t accept patent filings in your language.
This article brings you an easy to understand guide on international patent filing strategy. Reading this will help you in taking decisions that will ease your foreign patent filing difficulty. However, you must remember that most countries have novelty as prime requirement to grant patent to your invention. It means you must have a patent filing date for your invention prior to making any public disclosure about it. If you don’t, it may prevent you from obtaining patent grant in that country. USA and Canada are examples of such countries.
International Patent Filing Agreements before revealing your invention
It is of prime importance that before sharing your invention information with anyone, you must have confidentiality agreements with them. It will prevent them from sharing sensitive information about your invention until it gets patent grant. Let’s read few of the patent filing conventions:
Paris Convention filings
One of the most important conventions, most countries follows the terms of the Paris Convention for the Protection of Industrial Property. It allows you to file your first application in any country and you get a filing date for it. You can then take further 12 months to file more applications in different countries for the same invention.
And these countries will accept the filing date you obtained during the first application filing referred to as “effective filing date” or “priority date”. Meaning, all other countries where you file your application later, will treat your application filed on the same day as your first application.
Hence, it gives you an opportunity to delay your patent filing in other countries by 12 months. Without making you worried about disclosure of your patent. Thus, you can utilize this time span to carry out market research and find countries most suitable to file your patent application subsequently. If you have shortage of funds to file patent application in multiple countries, you can utilize this time to raise that also.
Patent Cooperation Treaty filings
Almost 150+ countries are signatory of this treaty. You can utilize this in event when time delay of 12 months in Paris convention in not enough for you to raise funds, or decide market places of interest or both. Thus, Patent cooperation treaty helps you secure filing date for 150+ countries.
In PCT you can file your first patent application in a single language when seeking international patent filing. First stage of PCT process is “international phase”, an international searching authority carries the search for finding relevant prior arts to your application. After the search report, you can amend your claims in there is need to do so.
Similar to similar to the Paris Convention strategy, the PCT strategy can be useful in situations where the public disclosure to your idea is in the near future. You can file a PCT application, then make your public disclosure, and then start your national stage in any of the countries. The filing costs for PCT applications are more expensive over direct national submissions. However, you will get the search report, as well as additional time to market your invention, and to make national filing decision.
The PCT strategy may be more effective in comparison to using the Paris Convention strategy when you have already publicized your invention. Even though you’re now limited to patents only being granted in countries with grace periods Your PCT filing date will be the date you file for all the countries mentioned above. It will not matter that you be able to enter the national phase between 20 and 31 months after the filing date. You’ll still be able to benefit from this delay in bringing your invention to market and determine where you’d like to apply for patent protection.
Paris Convention + PCT filings
There is a possibility that the Paris Convention and the PCT can also be combined. This won’t grant you any extra time to get into the phase of nationalization than the PCT approach above. But it will allow you to put off the biggest costs a bit. And allows you to make use of a provisional application.
In this way, you’ll only have to pay for creating and filing your first application. When you first start and file the more costly PCT application in the next 12 months. If your initial application is a provisional one it is still possible to be able to let the application expire. Without publication in the event that you do not wish to take the next step of patenting.
Like the Paris Convention strategy, you can maximize the benefits of this strategy. It is when if you’ve not yet made a public announcement regarding your concept. The first step is to apply, then make your public disclosure, and then submit an application for PCT. It should be done within 12 months from the filing of your initial application.
If you’ve disclosed your information publicly before filing your first application, you may submit a PCT application. However, you will only be able to enter the national phase for countries with grace periods. Also, you must ensure that the PCT application is submitted within 12 months from the date of initial public announcement. Even if you decide to file later. Paris Convention’s 12-month period expires earlier.
How can “PATENT PARALEGAL FORCE” help you with this?
As you read above, each county has their different patent laws, thus it can be nightmare for you to think of obtaining patent rights in multiple countries. This makes the International or foreign patent filing a cumbersome task to achieve. Thus you need a professional patent paralegal, who is exposed to patent laws of multiple countries. They can help you meet the challenges possessed by patent law of every country in an easier way. Thus, they make your foreign patent filing smooth and quick. That is why you need to choose us, “Patent Paralegal Force”
Our work force consists of trained and experienced patent experts who have in-depth knowledge of all the technical domains. Thus, taking our help will make you produce patent application with well written claims. Customer satisfaction is the priority for us, and hence. Our state-of-the-art tools help us to give the services you desire for. Read more about us here.