How to Apply for an International Patent

To apply for an international patent, you must decide what geographical territory you would like to cover. Various areas, such as the European Union, have their own sets of processes for obtaining an international patent.

Difficulty: Moderate

Instructions

Things You'll Need:

• Application fees
• International patent attorney (optional)
• Patent applications

1. Apply for a foreign filing license with the US Patent Office if you plan on proceeding with an international patent. This is necessary under US law.

2. Keep your invention out of the spotlight until the international community has accepted your application. Otherwise, most countries will deny your patent request.

3. Decide what countries in which you would like to apply for an international patent. It makes sense to pick areas of the world where you believe your invention will be marketable.

4. Identify the timing and fee requirements for each country where you would like to apply for an international patent.

5. Read about international patents and what is involved in obtaining one. Bitlaw is an online law library that provides good information on the regulations of other countries (see Resources below).

6. Familiarize yourself with the manufacturing requirements before you apply for an international patent. Some countries demand that your invention be manufactured within their borders for a certain amount of time--usually 3 years--before they will proceed with your patent request.

7. Research the laws pertaining to international patents in those countries where you're planning to apply for a patent. A good source of information is the World Intellectual Property Organization's (WIPO's) database of international laws and its directory of intellectual property offices (see Resources below).

8. File your application and pay your fees after you have ensured that you have fulfilled all the other requirements. The process can take many years to accomplish.

9. Consult with a lawyer who specializes in international patent and trademark law if you feel that you do not have the time or ability to complete all the necessary paperwork on your own.

Tips & Warnings

• Describe your invention in terms of its meaning, scope of use and materials, instead of what it achieves. International patent decision-makers want to know the basics and are not impressed with what it may accomplish.
• File an application for an international patent with the European Patent Office (see Resources below). This will help you receive patent protection in multiple European Union member states.
• Get your application filed quickly for an international patent, because it will supersede anyone else who tries to file a patent for the same invention or one with similar characteristics.
• Do not try to circumvent the application process for an international patent.
• Filing an international patent may not be allowed if the US Patent Office has decided that your invention is confidential.

Resources

• European Patent Office guidelines for a Euro-PCT patent
• Bitlaw's summary of PCT patents and other international patents
• WIPO's database of international patent laws

Who Can Help Sponsored

• How to Patent Your Idea Online - LegalZoom

[yuanben]

on 12/15/2008 very useful information