Foreign Patent Application

Filling a Foreign Patent

To obtain foreign patent rights, an application must be filed separately in each country. Patent law in each country differs therefore they will each require a different method when it comes to filing a patent.

If you are seeking to file patents in one or two countries filing in each country will be practical but if multiple applications are needed there is a treaty called the Patent Cooperation Treaty (PCT) that will simplify the process. Filing individual patents may raise costs extremely high, the PCT streamlines this process by filing a single application that will allow you designate individual countries for patent protection. It is always better to hire a professional patenting agency, such as InventHelp, to help you out.

For example, if you would like patent protection in 5 European countries, you will be able to file a single PCT application. This will allow you to gain priority of the earlier US patent application filed date. A total of 30 months from the US patent filing date will be allotted to file a National Stage application in each country individually. This process allows you to defer time, in the meanwhile you can decide in which countries patent protection will be most beneficial and which will have your priority.

You might be asking yourself, when will be the best time to pursue filing a foreign patent. The best time to file a foreign patent application or a PCT, depending on the number of countries you will like to file in, should be within one year from the date of the original US filing date as you can see from thisĀ article as well. Your foreign application or PCT will gain the benefit of the earlier US filing date. Remember that you must file the PCT application no later than one year from the original US filing date.

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