How to protect your patent internationally?

Last Updated at: October 23, 2019
3013

In the challenging world that we live in, there are some things that still need to be improved on an international platform. Adding to them is the issue of a patent; as of today there is nothing that exists such as an “international patent”. On a clearer note, there is no organization that provides patent rights to all countries with a single application; and to obtain a patent from different countries can be an expensive affair. The only possibility to file an international patent application is through the Patent Cooperation Treaty (PCT) and Paris convention which is available to nationals of all countries.

There are some rules and regulations that the inventor should take into consideration. The inventor taking the patent should be conscious of its business region restriction. For example, if an Indian company is selling its products in the USA and UK respectively; then they should apply for a patent in the respective countries. But, if the same Indian company is selling their products to more than three countries, then the best option would be to take the patent via PCT.

Patent Your Innovation Right Now

International Patent Filing

Filing under PCT

PCT is an international treaty that aids to simplify the process of filing patent applications in an array of countries. PCT is managed by WIPO (World Intellectual Property Organization). As of 2018, WIPO has a total holding of 152 contracting states to the Patent Cooperation Treaty (PCT).

The PCT patent application consists of two phases: National and International. They allow patent protection for an invention alongside a large number of countries by filing a single “international” patent application instead of filing various separate national or regional patent applications. The complete procedure is under the control of the national or regional patent office’s known as the “National Phase”.

The below steps help to acquire a patent under PCT:

  1. Filing process
  • File an international application with a national or regional patent office or WIPO.
  • The form should be filled in a single language and fees should be paid.
  • First, it should be filed with the Indian Patent Office (IPO) for India and then it gets transferred to International Bureau (IB), WIPO, Geneva.
  • Details such as request, description, claims, drawing, translations, etch should be mentioned in the form.
  • Important details in the form are:
    • Name of the invention/Title
    • Name of the applicant/His or her nationality/Address
    • There should be a preamble of the description of the invention
    • All the claims with signature at the last page of the application

By incorporating all these details in the application, there would be higher chances of approval. If there is an objection raised in the application, the applicant is given a time period of 12 months to make the required modifications. Due to any reason, if the application does not respond in the stipulated time frame, then the application will be dismissed.

  1. International Search

The most vital organization to decide whether your document or work of invention can have a patent is the International Searching Authority (ISA). It will do thorough research before giving a further go to get a work patented.

  1. International Publication

After 18 months from the initial filing date, the quantum of your international applications is unveiled to the world.

Basis For Opposition

After the patent application has been filed, various opposition claims have to be resolved by the applicant. Below are some of the mentioned points:

  • The patent is unfairly obtained
  • The patent is under the subject of a prior publication
  • The invention is publically known and used prior to the date of that claim
  • There is an inventive step involved
  • The invention is very apparent and universal
  • The subject does not fulfil the condition of an “invention” under the act
  • There has been a wrong reference to the facts and material used for the invention
  • The application was not made within 12 months from the date of the first application.

These are some of the grounds which can be held very vital in opposition to the application. The applicant or their legal representative should take proper steps.

National phase in India

It is important that the international phase is followed by the national phase for obtaining a patent under PCT.

  1. After the international search or preliminary examination i.e. after the expiration of the PCT procedure, applications for the grant of patents can be applied before the national (or regional) patent offices of the countries in which patent protection is desired before 30/31 months from the priority date
  2. The further procedures of filing, fee and processing are done as per the demands of national law in relation to patents in each country.
  3. The international filing date is the initial filing date in all such countries.

A national phase application has to be filed prior to the termination of the 31 months from the priority date of the application. The international application, which is filed under the PCT, acts as a corresponding application in India.

Conclusion

It is evident that patent law pre-requisites are essential for an invention to get a patent at an international level. Let our talented legal experts, help you protect your invention. Visit our website or call us today.

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How to protect your patent internationally?

3013

In the challenging world that we live in, there are some things that still need to be improved on an international platform. Adding to them is the issue of a patent; as of today there is nothing that exists such as an “international patent”. On a clearer note, there is no organization that provides patent rights to all countries with a single application; and to obtain a patent from different countries can be an expensive affair. The only possibility to file an international patent application is through the Patent Cooperation Treaty (PCT) and Paris convention which is available to nationals of all countries.

There are some rules and regulations that the inventor should take into consideration. The inventor taking the patent should be conscious of its business region restriction. For example, if an Indian company is selling its products in the USA and UK respectively; then they should apply for a patent in the respective countries. But, if the same Indian company is selling their products to more than three countries, then the best option would be to take the patent via PCT.

Patent Your Innovation Right Now

International Patent Filing

Filing under PCT

PCT is an international treaty that aids to simplify the process of filing patent applications in an array of countries. PCT is managed by WIPO (World Intellectual Property Organization). As of 2018, WIPO has a total holding of 152 contracting states to the Patent Cooperation Treaty (PCT).

The PCT patent application consists of two phases: National and International. They allow patent protection for an invention alongside a large number of countries by filing a single “international” patent application instead of filing various separate national or regional patent applications. The complete procedure is under the control of the national or regional patent office’s known as the “National Phase”.

The below steps help to acquire a patent under PCT:

  1. Filing process
  • File an international application with a national or regional patent office or WIPO.
  • The form should be filled in a single language and fees should be paid.
  • First, it should be filed with the Indian Patent Office (IPO) for India and then it gets transferred to International Bureau (IB), WIPO, Geneva.
  • Details such as request, description, claims, drawing, translations, etch should be mentioned in the form.
  • Important details in the form are:
    • Name of the invention/Title
    • Name of the applicant/His or her nationality/Address
    • There should be a preamble of the description of the invention
    • All the claims with signature at the last page of the application

By incorporating all these details in the application, there would be higher chances of approval. If there is an objection raised in the application, the applicant is given a time period of 12 months to make the required modifications. Due to any reason, if the application does not respond in the stipulated time frame, then the application will be dismissed.

  1. International Search

The most vital organization to decide whether your document or work of invention can have a patent is the International Searching Authority (ISA). It will do thorough research before giving a further go to get a work patented.

  1. International Publication

After 18 months from the initial filing date, the quantum of your international applications is unveiled to the world.

Basis For Opposition

After the patent application has been filed, various opposition claims have to be resolved by the applicant. Below are some of the mentioned points:

  • The patent is unfairly obtained
  • The patent is under the subject of a prior publication
  • The invention is publically known and used prior to the date of that claim
  • There is an inventive step involved
  • The invention is very apparent and universal
  • The subject does not fulfil the condition of an “invention” under the act
  • There has been a wrong reference to the facts and material used for the invention
  • The application was not made within 12 months from the date of the first application.

These are some of the grounds which can be held very vital in opposition to the application. The applicant or their legal representative should take proper steps.

National phase in India

It is important that the international phase is followed by the national phase for obtaining a patent under PCT.

  1. After the international search or preliminary examination i.e. after the expiration of the PCT procedure, applications for the grant of patents can be applied before the national (or regional) patent offices of the countries in which patent protection is desired before 30/31 months from the priority date
  2. The further procedures of filing, fee and processing are done as per the demands of national law in relation to patents in each country.
  3. The international filing date is the initial filing date in all such countries.

A national phase application has to be filed prior to the termination of the 31 months from the priority date of the application. The international application, which is filed under the PCT, acts as a corresponding application in India.

Conclusion

It is evident that patent law pre-requisites are essential for an invention to get a patent at an international level. Let our talented legal experts, help you protect your invention. Visit our website or call us today.

How to get GST certificate?

If you have been granted a GST certificate, then you can get it in a soft-copy format after the GSTIN is allotted from the GST Portal.Understand the procedure for GST registration and GST returns here.

What is e-filing utility provided by the Income-tax Department?

The tax payers can make use of the e-filling utitlty of the income tax deparment. This helps people to file the income returnseasily. This utilty can be downloaded from the official website of the income tax department.More on Income Tax Return Filing.

What is ISO

The full form of ISO is International Organization for Standardization. It is the major developer of global standards in the world.Learn more about ISO Certification.

When is an NGO eligible for Government funding ?

An NGO becomes eligible for Government funding after 3 years only. But it can be after 1 year also if the project is approved.More info on NGO Registration in india.

Whether all Companies has to file MSME Form I?

As per the law, every specified company has to file in MSME Form I about the outstanding dues in detail related to small or micro enterprises suppliers. More about Udyog Aadhar Registration.

FAQs

A patent is a form of intellectual property. A patent gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time, usually twenty years. The patent rights are granted in exchange for enabling public disclosure of the invention.

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