International/Foreign Patent Filing

It is important to note that patent registration is territorial in nature, which means patent rights for an invention must be individually acquired in interested countries or territories. Patent is not valid worldwide, therefore there is no worldwide patent.

Importance of International/Foreign Filing:

Protecting your intellectual property (IP) internationally is crucial for several reasons:

• Global Market Access: Securing IP rights in international markets allows you to enter and operate freely without fear of infringement. It helps establish a competitive edge in foreign markets.
• Enhanced Business Opportunities: Having IP protection abroad increases your appeal to investors, partners, and licensees, enabling better business collaborations and monetization opportunities.
• Legal Enforcement: International IP protection gives you the legal framework to enforce your rights in jurisdictions where infringement occurs, ensuring your innovations and branding remain yours.
• Strategic Growth: With IP protection, you can confidently expand into new territories, maximizing the commercial potential of your creations.

Understanding Procedure for International Patent Filing

Protecting your intellectual property (IP) internationally involves strategic planning and compliance with global and regional IP regulations.

Direct Filing or Convention Filing of Patent:

Direct filing also known as the Convention application (under Paris Convention Treaty) patent application, within 12 months of the priority date (first filing date), in a particular country/territory of interest, directly. Once a foreign application is filed, it shall have the national treatment and shall be prosecuted or examined for novelty, inventiveness or non-obviousness, and industrial applicability according to the local laws of the country.

Deadline for Direct or Convention Filing of Patent: 12 Months from Priority date

Patent Cooperation Treaty (PCT) Filing + National Phase Filing:

Filing of a PCT application (under Patent Corporation Treaty) in World Intellectual Property Organization office, within 12 months of the priority date, followed by filing of national phase applications in individual country/territory of interest in another 18/19 months. It is important to remember that PCT just acts as a drop box that provides an extended time for the patent application to be filed in foreign countries individually. The filing of PCT application within 12 months provides an additional 18 months (i.e. total of 30 months, in some countries 20 or 31 months) to be filed individually in different countries, called national phase filing. The application then proceeds as an ordinary patent application in each country or territory for which the national phase was made. This immensely helps the applicant to buy time for commercially exploiting the invention via exploring the licensing opportunities in a country.

Deadline for PCT Filing: 12 Months from Priority date

Deadline for National phase entry after PCT: 20 months, 30 months, or 31 months

To Learn more about Patent Cooperation Treaty (PCT) Filing

What is Patent Cooperation Treaty (PCT): Learn More