How to File an International Patent
Residents of the United States wishing to file an international patent application must apply for a U.S. foreign filing license, check the suitability of the application with an International Search Report, file in the designated country, publish the application and pay application fees. The process is arduous and requires attention to detail. Before filing an international patent, familiarize yourself with international patent laws or hire a patent attorney.
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Things You'll Need
- U.S. foreign filing license
- International Search Report
- International patent application
- Fees
- Patent attorney (optional)
Instructions
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1
Obtain a U.S. foreign filing license. Apply for a foreign filing license with the U.S. Patent Office. All U.S. residents are required to apply for a foreign filing license before filing an international patent application in a foreign country.
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2
Contact the International Searching Authority (ISA) to have an International Search Report issued for your intended invention. You must complete this step no later than nine months after the filing of a first time application. It is done to check the suitability of your patent.
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3
File an individual international patent application with a patent office, also known as a receiving office, in the foreign country. If you will file an international patent application for multiple countries, but do not wish to file them individually, proceed to step 4.
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4
File an international patent application under the European Patent Convention and/or Patent Cooperation Treaty (PCT). Indicate which member countries you want to include in the filing. The application will operate under the European Patent Convention and function as one application regardless of how many countries are named in the patent. Choose this option when filing an international patent application for multiple foreign countries.
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5
Submit your international application for publishing in the International Bureau, which is a publication based in Switzerland. Include the International Search Report with your application.
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Tips & Warnings
Hire a patent attorney if you require additional assistance.
An international patent application can be filed in any language accepted by the receiving office where the application will be sent. However, it can only be in one language.
You must file an international patent before announcing or printing any literature or documents pertaining to the invention in a public forum.
