How do I protect my invention in several countries?

Patents are bound by geography, so think about how to protect your idea in many countries:

a) Direct or Paris Route: Apply for patents at the same time in all countries you want. Or, start in a Paris Convention country. Within a year, apply in other countries to use the first filing date.

(b) PCT Route: File under the PCT, either right away or within 12 months of your first filing. A PCT application is valid in all PCT countries. With over 155 countries, the PCT helps you get patent protection easily.

The PCT has some important steps:

Typically, individuals seeking to safeguard their invention across multiple countries initiate the process by initially submitting a national or regional patent application to their respective patent office.

Within a 12-month period from the filing date of this initial application, adhering to the Paris Convention’s stipulated time frame, they proceed to file an international application under the PCT.

Claiming the priority of an earlier patent application holds the significant advantage that the patent cannot be invalidated due to actions taken during the interim period, such as subsequent filings, publication, or sale of the invention.

If contemplating the submission of an international patent application under the PCT, it is recommended to seek guidance from a qualified patent attorney or agent in your jurisdiction, as well as consulting with your national or regional patent office.

1. Filing: Submit an international application to a national or regional patent office or WIPO, adhering to PCT formality requirements in a single language and paying a unified set of fees.

2. International Search: An “International Searching Authority” (ISA), typically a major patent office globally, identifies relevant published patent documents and technical literature (“prior art”) that may impact the patentability of your invention.

3. International Publication: Your international application’s content is disclosed to the public worldwide as soon as 18 months elapse from the earliest filing date.

4. Supplementary International Search (optional): At your request, a second ISA identifies published documents not found by the initial ISA due to the diversity of prior art in various languages and technical fields.

5. International Preliminary Examination (optional): One of the ISAs, upon your request, conducts an additional patentability analysis, usually on a modified version of your application in response to the initial written opinion.