In today’s technology-driven sector, intellectual property has always played an increasingly important role. Patents are an organization’s most valuable intellectual property asset. As a result, an organization’s inventive strength can be judged through its patenting operations. The corporation is increasingly demanding not just in terms of the number of patents but also in terms of the quality of the inventions. We all know that obtaining a patent is an expensive and time-consuming process. As a result, having a planned approach to getting patents is usually recommended. The term “international patent” is often used interchangeably with “international patent grant.”
International Patent Filing
If you want to secure patent rights in numerous countries, filing an international patent application to start the patent procedure is often a good idea. It is crucial to note, however, that acquiring worldwide patent protection is not inexpensive. It’s also vital to remember that the foreign patent application you submit will not become a patent.
- Filing an international patent application to begin the patent process is often a smart option if you wish to secure patent rights in many countries. It is important to note, however, that obtaining global patent protection is not cheap. Furthermore, it’s also important to remember that the foreign patent application you submit will not be granted.
- You can get a patent through the PCT procedure by entering the so-called national stage in the countries where you desire to earn a patent or by submitting a patent application directly in a specific country within 12 months of filing your international patent application.
- Because individual nations issue patents, it is required to seek patent protection in each one. The international method is simply a straightforward, consistent procedure that allows applicants to begin obtaining patent protection in any number of jurisdictions without having to file separate applications in each.
PCT Patent Application:
We can use this to apply in any of the 145 nations that have signed the international covenant. The applicant must first enter the International Phase by filing an international application with the World Intellectual Property Organization (WIPO) to use this procedure. The application can be made with India as the receiving office or directly with the World Intellectual Property Organization (WIPO). This application is never granted and serves just as a formality. This application is required to conduct a patent search; however, an examination can be requested separately based on the applicant’s needs.
Obtaining a positive examination report is important in some nations. The application can be approved directly by giving this examination record.
Another benefit of this report is that it is completed considerably sooner than other applications submitted for grant in a specific jurisdiction; hence, a good report increases the invention’s and technology’s commercial prospects. The International application will progress into the National phase of each country where the applicant wants protection after 30-31 months of filing the priority application.
National Phase Patent Application:
The National Phase Application is a request for patents to be granted in multiple countries simultaneously, based on a single International/PCT application filed within 12 months of the priority date (or filed directly). The PCT (Patent Cooperation Treaty) is maintained by WIPO (World Intellectual Property Organization), and 153 nations are members of the PCT. As a result, an applicant can nationalize their application in any country by following the PCT procedure. Thus, an applicant can seek patent protection for innovation in many countries using the PCT procedure.
Patent applicants have a minimum of 30 months from the date of filing local applications or (if they were filed directly) the date of filing international applications to decide whether or not to seek protection in other countries. However, many countries have a 30-month extension period. In addition, many countries require translations to meet the language requirements of local patent offices.
The patent offices which are associated with the PCT are known as receiving.
An authorized Receiving Office is required to receive the foreign application. For international applications, the Receiving Office serves as a filing and formalities review center.
- An international patent application cannot be filed at any Patent Office; instead, it must be filed in the relevant Receiving Office. However, where many applicants are not all citizens or residents of the same country, any Receiving Office where at least one of the applicants is a resident or national is allowed to receive an international application filed by those applicants.
- Inventors in the United States should be aware that if the innovation were conceived in the United States, a foreign filing license would be required before submitting a patent application outside the United States.
- When you file a patent application with the United States Patent and Trademark Office, you are essentially requesting a foreign filing license, which is usually granted immediately in the filing receipt.
- Although secrecy orders are uncommon, you cannot file in another country without a foreign filing license. If one is not specifically awarded, you will get one after six months by operation of law. As a result, if a confidentiality order is issued, it will be issued within six months of submitting your application.