PATENT PROCEDURES – OVERSEAS

FILING FOR A PATENT OVERSEAS

1. DIRECT ROUTE (PARIS CONVENTION)
   An application for patent may be filed directly via individual national routes according to the Paris Convention. Note that:
   
    

   • The maximum period to apply in countries of interest after the first disclosure is 12 months.
   • Applicant replicates documents and file individually in countries where applicant seeks protection.
   • The procedures, timelines and fees vary from country to country.

   The timeline and forms:

   
   

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2. PCT ROUTE (PATENT COOPERATION TREATY)
   One popular option to seek international protection for an invention is to file for patent via the PCT route. However, it is important to note that:
   
    

   • PCT is NOT an international patent granting channel

   If the PCT does not grant patents for overseas protection, why choose the PCT route?

   After the PCT process (international phase) an applicant is still required to apply to individual PCT signatory countries for patent protection (national phase), but with additional advantages:

   • Formal patent requirements are checked by internationally recognized PCT authority
   • International publication may replace national publication
   • International report on patentability is available, which is recognized for later examination in signatory countries
   • Saves money if invention is found to be not patentable based on the international report, instead of filing into multiple countries at once.
   • During the PCT process, the period to apply in countries of interest after the first filing (typically with local patent office first) is extended from just 12 months to 30 months (entry into national phase) – extra time for consideration after reviewing reports from International Search Authority

The timeline and forms: