Patent protection provides legal protection for an invention in any country in which the application successfully makes it through the patent process and becomes an issued patent. This provides the owner with the exclusive rights in those countries to make, use and sell their invention. Since patent protection is available on a country by country basis, wouldn't it be nice to be able to file a single international or global patent? Of course it would, but unfortunately it isn't that simple. Let us elaborate on what an international or global patent is, how to apply for one, and how it helps those who apply for one.Image source: https://pixabay.com/

International Patents

A global patent application or a PCT application is the vehicle to secure your invention with legal protection and exclusive rights across the world. Administered by the World Intellectual Property Organisation, filing a global patent application provides you with the opportunity to protect your invention in more than 150 countries across the world. It is, unfortunately, all too common for people to believe that a global patent application actually provides protection around the globe. The global patent application does not do this and, in fact, can never become an issued global patent. The purpose of the global patent application is to provide applicants with additional time to determine in which countries they want protection and provide an early filing date. In order to serve any benefit to the applicant, the applicant must file national entries in any country of interest at predetermined deadlines. Without the filing of national entries into specific countries, the global patent application serves no purpose at all. Design patents (also known as Industrial Designs in Canada) cannot be filed as global patent applications. It is also important to note that global patent applications can be expensive to file.

Reasons to Consider an International Patent

Why bother with an international patent? Listed below are the distinct advantages of acquiring an international patent.

Expansion Plans

A business with plans to gain a global foothold within a few years can apply for an international patent application and safeguard its interests on an international level very early on. An international patent application allows you to defer making a decision on which countries you want a patent in for a predetermined amount of time. This can provide businesses with additional time to obtain funds and create markets for themselves before adding additional costs for patent protection. An international patent application can also help you gain leverage when you talk with potential investors.

International Business

If you have business operations on an international level, you have all the reasons in the world to consider an international patent application. You may have your head office in Canada, but an international patent can allow you to conduct your business and protect your interests regardless of where you are.

Considerations before Applying for an International Patent

It is important to understand that a PCT application doesn’t protect your invention worldwide; you still have to choose the countries where you want patent protection in and file the required national entries. Each country has its own set of fees applicable to filing national entries, filing a PCT application is simply the first step in a potentially expensive process. Also, it is important to remember that patent law is not consistent across the world. And lastly, timing is the key. It’s best to file for an international patent before you disclose your invention to the public. That’s because public disclosure of your patent can work against your patent application.

When deciding whether or not the filing of a PCT application is the right course to take, consider hiring a patent lawyer or agent who understands the intricacies of the international patent law. An experienced patent lawyer or agent can help guide you through the patent process. Contact our  team to learn more.