How to File Patent Application Globally? Fortunately or unfortunately, a world patent does not exist. This implies that patent are territorial in nature, which is, that the patent right is limited to the country in which a patent protection is p sought. Since nothing like world patent exists, there are ways you can secure your creation in numerous nations. Below are the few approaches which are effective and cheap:
- PCT route: Under the PCT an application can be filed, either directly, or within a year from the filing date of the first application which is substantial in all Contracting States of the PCT. PCT documenting is substantially less difficult, less demanding and savvier than the other discussed filings.
Understanding the patent cooperation treaty (PCT)
It is an international treaty with more than 145 contracting States, having a whole purpose of PCT to make patent protection more possible and provide an easy process of receiving protection for an invention simultaneously in several nations by documenting an international patent application as opposed to documenting applications in different nations. However, the granting of patent is controlled by the national or regional patent offices of the country and is known as the national phase.
Through PCT, a creator of a member country (Contracting province of PCT) can at the same time obtain priority for his/her invention in either all or any number of the member country, without filing a different application in the nations, by assigning them in the PCT application.
The benefit is that the candidate can document a single patent application and assign the nations in which he/she needs to ensure his IP rights. Along these lines a patent application is petitioned with the end goal of a worldwide search report.
An individual can document an application with a national or territorial patent Office or WIPO, consenting to the PCT convention prerequisites, in a language with a single charge. The next step followed is the search conducted by the International Searching Authority during the patent process and is mainly based on the published patent documents and prior art. The effect of the search reflect on the patent process and builds up an opinion on your creation’s potential patentability. After which upon completion of the 18 months from the earliest filing date, the application is published.
- Direct or Paris route: Two options lie in front of you, either you can specifically and simultaneously document patent applications in the nations where you are interested to seek protection (for a few nations, regional patents might be accessible) or document in a country who is member of Paris Convention (one of the Member States of the Paris Convention for the Protection of Industrial Property), further document different patent applications in different Paris Convention nations within a year from the first application.