patents

International Patent Application

Dedicated and highly qualified patent attorneys, offering expert advice and guidance for individuals and businesses seeking to pursue an international patent.

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Why Apply For An International Patent Application?

Patents are territorial, and an Australian patent only has effect in Australia. If you want to obtain patent protection in other countries you have to file patent applications into those countries.

If you have filed an Australian patent application, there are certain deadlines that come into effect from the earliest filing date, by which time you must have filed a patent application in other countries (if you want to retain the filing date of your Australian applications).

Ordinarily you must file overseas applications within 12 months of your first Australian patent application, and when you do, the overseas countries will recognise the filing date of your Australian patent application(s).

However, if you want to further extend the deadline for filing in overseas countries while retaining the filing date of your Australian patent application(s), then filing an international patent application (also called a PCT patent application after the multinational Patent Cooperation Treaty that the process is based on) is the next step. When you file a PCT patent application, the deadline for filing into overseas countries is extended by a further 18 or 19 months (depending on the country) for the 157 signatories to the Patent Cooperation Treaty. This means that the deadline for filing into the CPT countries will be 30/31 months from the earliest filing date.

The PCT signatory members can be found here:
https://www.wipo.int/pct/en/pct_contracting_states.html

This gives patentees more time to be able to commercialise their invention before having to decide which countries they want to obtain patent protection in. As part of the process, a PCT Examiner will carry out a search for prior art and give an opinion on the patentability of your invention. This will allow patentees to make a more educated decision about how many and which countries you want to file patent applications in.

Essentially filing a PCT application allows for further time for commercialising the invention and a better sense of how patentable the invention is, before committing funding to filing patent applications into overseas countries.

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The Process For International Patent Applications

The filing of overseas and international patent applications can be incredibly complex. There are different avenues for obtaining a patent overseas and each of these is time-consuming and has different costs associated.

You may elect to file for a patent in a single country directly with their patent office or in several countries simultaneously through The International Patent System (PCT).

The timeframe for processing and related expenses will vary based on the countries you select and their individual requirements.

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Can I Manage My Own International Patent Application?

Due to the sheer volume of documentation involved and the many nuances of legislation to interpret, applying directly for an international patent is not considered to be the best avenue.

Doing so can lead to errors in paperwork or incorrect submissions, which may lead to loss of rights.

Even if dealing with English-speaking staff for a UK patent application or while navigating the US patent application process, the legal jargon involved can feel like another language altogether.

This is why engaging an attorney specialising in international patent applications is so highly recommended. A registered patent attorney understands the requirements for filing for your patent rights overseas and can simplify the process for you.

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How A Patent Attorney Can Help

Handling every step of the process, a dedicated patent attorney can streamline the application and registration of your international patents.

From preparing all documentation and completing all the necessary applications to ensuring your innovation meets the necessary criteria for each desired country, they can do it all. They can also monitor the numerous deadlines and ensure each requirement is met in time.

This not only serves to speed up the registration of your patent, but it also means any objections raised along the way are expertly managed and resolved.

Acting as a single point of contact that will liaise with all patent offices involved from start to finish, patent attorneys make this process a breeze.

Should you need assistance to defend your patent and take action against an infringement in future, they’re also best positioned to do this too.

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IP Guardian - Leading Attorneys For International Patent Applications

Offering decades of combined experience across all areas of patent registration both in Australia and internationally, IP Guardian are the experts you can rely on.

With a demonstrated history of filing international patent applications for our clients and obtaining granted patents overseas, and the provision of unmatched advice and service, we make it easier to protect your valuable IP both here and overseas.

We carefully assess the individual requirements for patent applications country by country and prepare every application accordingly.

This facilitates minimal delays, helps to avoid complications, keeps fees to a minimum and ensures your protection is in place as soon as possible.

Tracking your application from start to finish, we follow it from its initial filing to its confirmed grant or issue, and keep you updated throughout.

This dedicated, professional approach allows our clients to obtain the protection they desire for their inventions and innovations as quickly as possible and without unnecessary stress.

Affordable and accessible, we support everyday Australians to obtain qualified legal advice and support for international patent applications while never compromising on service or outcomes.

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