This is another question I get asked a lot: are patents global? Is there a worldwide patent? Are patents worldwide? etc. The simple answer to these questions is ‘no’. The longer answer is that each country (or territory consisting of a number of countries) has its own patent system and, if you want protection in that country (i.e. to stop others from making/selling your invention there), then you have to secure a patent in that country.
Claiming Priority
That said, you don’t have to file patent applications in all the countries in which you want protection right from the outset. You can file an initial patent application in your own country first. Thus must be done before there is any non confidential disclosure of your invention. You can then file corresponding applications in the other countries up to 12 months later. If you do that, these later applications can “claim back” the earlier filing date of the initial patent application. And that means, in practice, that you can launch your new product during that intervening 12-month period, and that ‘disclosure’ of the invention won’t count against the later patent applications. This ‘claiming back’ of the original filing date is known as ‘claiming priority’.
International (PCT) Patent Application
Another thing worth noting here, and one of the reasons there may be some confusion, is that there is such a thing as an International (also known as “PCT”) patent process. So, instead of filing national applications in all of the countries you want to cover at the 12-month point mentioned above, you can file an International patent application which, in effect, acts as a “bookmark” in 158 countries worldwide, and gives you an extra 18 months to file national patent applications in the countries you want to cover. It does not ever mature into an International patent, but instead gives you that extra 18 months to file patent applications overseas.
This can be hugely beneficial because a) it gives you that extra time to work out what countries represent your main markets, and b) it defers the significant costs involved in filing multiple overseas patent applications.
However, there is obviously a cost involved in filing an International patent application, and this does not usually reduce any of the subsequent costs of filing national applications overseas. Also, the ‘PCT’ system does not cover every single country in the world. For example, Taiwan and Argentina are not covered. So, if you need patent protection in any country not covered by the PCT, you would have to file a patent application there at the 12-month point referenced above.
Need Help?
We hope you have found this summary useful. If you need help to work out when to file your initial patent application, advice on filing overseas applications, or if you have any other IP questions, we are happy to offer a confidential initial consultation, which is free of charge and obligation. Please book your free initial consultation by clicking the link below:
https://calendly.com/strachan-ip-a-fresh-view-of-intellectual-property/30min
or by calling 07714 797135 or emailing vicki.strachan@strachanip.co.uk
or you can contact us through our website: https://strachanip.co.uk/contact/
