How to Get a Worldwide Patent

File a Patent Cooperation Treaty application to gain worldwide patent protection.

In 1970, the Patent Cooperation Treaty (PCT) established uniform procedures to submit a patent application to several countries simultaneously. All PCT signatories, known as contracting states, accept international patent applications for processing. The PCT designates the intellectual property office of the country where the inventor files the international patent application as the Receiving Office. The Receiving Office examines and processes the application before submitting to contracting states for additional review. Each individual contracting state reviews the application from the Receiving Office and grants a patent as it deems appropriate.

Instructions

1. Write a PCT application. The United States, Europe and Japan have agreed on a standard PCT application format. The PCT application includes the invention description, background investigation results, invention schematics or drawings, intellectual property claims and an abstract.

2. Hire a patent agent or patent attorney to review the PCT application. The intellectual property claims detailed in the PCT application provide the basis for the rights an inventor receives. Hire an attorney to review the application to ensure thoroughness and the use of proper legal language.

3. Submit the PCT application to your Receiving Office of choice. All contracting states of the PCT accept international applications. Submit your application to the Receiving Office you choose. In the United States, the government designates the United States Patent and Trademark Office (USPTO) as the Receiving Office for PCT applications. The Receiving Office reviews the international application before determining the overall patentability of the invention.

4. Send the PCT application and examination results to individual countries for review. Most countries around the world are signatories of the PCT. Designate which contracting states to forward the PCT application to. Upon receipt, each country reviews the PCT application and determines whether to grant a patent for that country or not. The World Intellectual Property Organization calls this the "National Phase."

5. Write patent applications for non-PCT signatory countries. Certain countries are not contracting states to the PCT. Contact the local intellectual property offices of these countries to determine patent application requirements.

6. Submit these individual applications to designated countries for review. After examination, each country notifies the inventor if it grants a patent, denies the patent request or requires more information.

Tips & Warnings

• Only submit a patent application to countries where you plan to market or sell your invention to reduce cost and application processing time.

• Obtaining a patent around the world takes many years as each individual country reviews the patent application(s).

References

• World Intellectual Property Organization: Patent Cooperation Treaty
• United States Patent and Trademark Office: Common Application Format
• United States Patent and Trademark Office: PCT Contracting States (Country Codes)
• USPTO: 1801 Basic Patent Cooperation Treaty (PCT) Principles [R-6]

Resources

• United States Patent and Trademark Office: PCT Fees in U.S. Dollars (Effective 01 April 2010)