International patenting strategies

All patents in the world are valid territorially, only in the country or region of registration. There is no magic way that would allow legalizing all over the world at once. Each state requires a separate registration. There are ways to simplify this task. You can submit documents in foreign jurisdictions according to the national procedure (according to the Paris Convention) and internationally (according to the PCT – Patent Cooperation Treaty). The latter option is often called international patenting. This is not entirely true, however, the procedure has convincing advantages.

An international patent application gives you more time to decide in which jurisdictions to issue a title of protection. The applicant will have 30-31 months for this (and not 12, as according to the national procedure). During this time, you can do a lot of useful things:

• translate documents into the desired language;
• test the novelty;
• find investors or licensees;
• more accurately assess the chances of granting a patent;
• make corrections (as needed).

There are certain difficulties associated with obtaining protection under the PCT application. The attorneys of the SION know all the subtleties of the procedure, they have been successfully working with it for more than 16 years.

International patenting, PCT process

The abbreviation PCT stands for Patent Cooperation Treaty, the system covers 153 jurisdictions. In many cases, it is indeed more convenient than other patenting methods. The PCT system establishes the priority of an application from its filing with WIPO, it is valid for a long time and applies immediately to all member countries.

The passage procedure is divided into two parts: international and national. Registration fees will have to be paid in two stages. The first part involves the following steps:

• An international application is sent to WIPO (World Intellectual Property Organization) and a priority date is set.
• The IP office conducts a search on an international basis, there is a written communication between the applicant or his representative and the responsible body.
• WIPO publishes information about the apply, it has an official publication for this.
• A preliminary international examination is carried out (optional).

This stage of the PCT application process allows you to understand whether a technical novelty is patentable, whether it makes sense to legalise it abroad. Next comes the national phase, which involves the submission of documents to the offices of the selected jurisdictions. This must be done before the expiration date, which is 30-31 months from the priority date. The applicant has 18-19 months of net time.

Attorneys of our firm successfully help you to go through all the stages. We draw up the documentation correctly, paying particular attention to the formula. We correspond with the responsible bureau, comply with the deadlines, make a translation, and bring the application to obtain protection in the necessary states. Write to us by e-mail: info@sion-ip.com for a detailed calculation of the preparation, submission and support of the PCT application.

International patenting an invention abroad

Inventions and utility models are being legalized abroad. The legal protection of the former is carried out everywhere, and of utility models – by no means in all states. For example, in the United States of America only patents inventions.

In many countries, only technical objects can be registered as inventions. Others do not have such a requirement. Accordingly, in the first it will not work to formation the software (program code), and in the second – it will work. It is better to consult our lawyer about this.

The following can be patented as industrial property:

• Products (substances, devices, etc.). It can be a technical device, a mechanism, a part, a board, a cell culture, a composition of a drug.
• Processes (methods, technologies). A method for obtaining a cell culture, making a new type of paper, etc.
• New use of the work object.

In most countries, a title of protection for an invention is issued for 20 years, for a utility model – for 10. The principle of registration is the same everywhere, but the laws of jurisdictions have some peculiarities. We have been specializing in legalizing abroad for many years, working with IP offices of popular and exotic nations. SION has its own attorneys in the US, UK, EU, Japan, China and others countries. We confidently provide services abroad with the result that the client needs.

International Patenting abroad cost

The procedure is quite expensive. However, it guarantees that the niche occupied by the patent holder cannot be occupied by third parties. For registration of an international patent, the price depends on many factors. For example, such:

selected procedure:

• the volume of documentation for the appeal;
• the legal status of the applicant;
• the need for translation into other languages.
• The minimum that an individual has to pay for registration under the PCT will be from 800 EUR. To issue a European patent – from 3000 EUR, register in the USA – from 2600 USD.

According to the legislation of most countries, the legalization of inventions abroad is regulated by deadlines. You can file an application in another country up to 12 months after filing a patent application in the first country, unless the innovation is a state secret. Or file an international PCT application based on the primary application and increase the period for entry into national phases in other countries to 31 months. The cost of all these services will depend on the chosen international patenting strategies.

We conduct a free consultation and make a full cost estimate before starting cooperation. The cost of obtaining a global patent may change if the client decides to add new nations along the way. In other cases, we do not change the price or increase the cost.

For a detailed calculation of the cost of international patenting strategy, please write us by the e-mail: info@sion-ip.com.