INTERNATIONAL FILINGS

Filing patent applications internationally has taken on increasing importance as global economies move the manufacture of goods across national boundaries. Because the sharing of goods and ideas transcends national boundaries, it is vital that patent protection be available internationally. International patents are governed by treaties between the United States and individual countries or among several countries.

International applications must be filed within twelve (12) months of the earliest filing date. Where patent protection is desired in one or two countries, it is often more practical to file in the individual country. Where more than two countries are involved it is generally preferred to file under the Patent Cooperation Treaty (PCT).

The PCT is administered by the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations.

A PCT application is an “international” application that has the effect of simultaneously preserving an inventor’s ability to file a patent application in each of over 130 countries and regions. It is important to know that a PCT application never actually become a patent, instead it starts the process towards obtaining patent protection in foreign countries.

The PCT application is subject to an international search that results in an international search report which lists published documents that might affect the patentability of the invention as well as a written opinion on the patentability of the invention. An advantage of the PCT application is that it provides 30 months (31 in some countries) from the earliest national filing date to determine which countries or regions should be pursued by national or regional applications, delaying payment of foreign filing and prosecution fees while maintaining the filing date of the original patent application.  This allows the inventor time to decide on a course of action.

Obtaining patent protection in international forums can be important for protecting your rights in a global market.   Let us help you navigate through the PCT process.

For more information on how we can help to protect your rights and your property, contact James Ray & Associates toll free at 1 (888) 692-7303 to speak with an experienced member of our staff today.