Is there such thing as an 'international' patent? - Miller IP

Is there such thing as an 'international' patent?

Patents are granted by national governments, which means that there is no such thing as an 'international' patent that provides worldwide protection. However, there are several options available for inventors who want to protect their inventions in multiple countries.

One option is to file a Patent Cooperation Treaty (PCT) application, which provides a unified procedure for filing patent applications in multiple countries. The PCT application allows inventors to delay the decision of where to seek patent protection while their invention undergoes an initial international search and examination.

The PCT application does not grant international patent protection but instead provides a centralized procedure for filing patent applications in multiple countries. After filing a PCT application, inventors have up to 30 months from the priority date to file separate patent applications in each country where they seek patent protection.

Another option is to file separate patent applications in each country where an inventor seeks patent protection. This option can be time-consuming and expensive, as patent laws vary from country to country, and inventors will need to work with local patent attorneys to navigate the application process.

It is important to note that each country has its own patent laws and procedures, and an inventor's patent may not meet the requirements for patentability in other countries. Therefore, it is crucial to conduct a patent search and consult with a patent attorney in each country where an inventor seeks patent protection.

In addition, even if an inventor obtains a patent in another country, it will only be enforceable in that country's legal system. This means that if someone infringes on a patent in another country, an inventor will need to pursue legal action through that country's court system.

In conclusion, there is no such thing as an 'international' patent that provides worldwide protection. However, inventors can apply for patent protection in multiple countries through a Patent Cooperation Treaty (PCT) application or by filing separate patent applications in each country. It is recommended to conduct a patent search and work with a patent attorney in each country where an inventor seeks patent protection, as each country has its own patent laws and procedures.

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