An international patent, as its name suggests, is a patent that provides protection internationally.
Currently, no one patent offers protection globally, the closest to this is the international patent applied through the Patent Cooperation Treaty (PCT).
Administered by the World Intellectual Property Organization (WIPO), this international patent allows you to file for protection in all of its 157 member countries simultaneously by filing a single application.
A patent issued in Australia only offers protection within Australia. For protection overseas, individual patents must be applied for in each desired country.
If you are seeking a patent in multiple countries, applying for an international patent can help to streamline this process.
You may only file an international patent application if you are a national or resident of one of the PCT contracting Member states.
While the process begins as a single application, as it progresses through the various steps of the application process, the merits of your application will be assessed according to certain international standards in the PCT Written Opinion.
The PCT application lasts for 30 or 31 months from the earliest priority date of your invention, after which you are required to make individual patent applications, called national phase applications, in each country you want to pursue your patent application in. Once the PCT application lapses you lose the ability to protect your invention in any country where you did not file a national phase application.
You may be required to submit additional paperwork in line with their national or regional application requirements, some of which will require translation.
You will also be expected to pay all fees charged in that country for filing a patent application and are subject to the same approval criteria as its citizens and residents.
International patent applications can be costly and incredibly time-consuming. Engaging an IP attorney can help to reduce costs from unnecessary filings, eliminate confusion and shorten lengthy timelines in some instances.
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IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
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