International Patents

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International Patents

Patent is a right granted to the inventor for the limited period of time. This is an intellectual property in which the extent of exclusive right varies widely between countries according to national laws and international agreements. A person must define one or more claim for specific right.

Options to file patent

Option 1: PCT application filing

Application filing at Indian Patent Office-IPO

This permission is allowed after scrutinising the invention details and may be deferred. In Indian Patent Office International patent can be filed as receiving office in PCT request. When permission is granted the patent office will transmit the application to the International bureau (IB). Transmittal fee has to be paid in addition to the International Application fee and Search fee.

Application filing at World Intellectual Property- WIPO

Application for international patent can be directly filed to IB along with prescribed fee in PCT request form. Before filing to IB Permission u/s 39 permission is needed .Such application can also be filed in e-PCT.

Patent Application filing in India

File an application in IB of WIPO or in IPO as receiving office.PCT application can be filed anytime before the expiry of 12 months from filing date. International filing is within 6 weeks from date of filing . Filing shall be made after taking permission of u/s 39 .

An applicant has another option to file an International Application within twelve months from the filing date of the patent in India, directly in IB, claiming the priority of the previously filed Indian patent application along with the prescribed application fee. IB needs a certified copy of the Indian application within sixteen months from the date of priority.

Option 2: File patent application in foreign countries with filing applications in India.

In this patent applicants have to follow complete formality with the IPO before proceeding with patent application filing outside India. If one or more inventors are residents in India. the patent application formality has to be completed. This is a formality in which the patent applicant request the IPO to grant permission to apply for a patent outside India. The IPO generally grants the permission within 21 days from the date of making the mentioned request. Permission can be rejected by the IPO if the subject matter is relevant for defence purposes or atomic energy.

Option 3:File application in India soon after in foreign countries

Applicants can wait for 6 weeks from the date of filing the Indian patent application. After then proceed to the foreign patent application filing, If the notification has not been received within 6 weeks to the contrary .In this formality has to be completed. if one or more inventors in the patent application are residents of India. Once the permission is granted by IPO then application can be one or more countries outside.

Patent Cooperation Treaty

PCT application is the basic method enables you to file one international patent application that will be accepted by 150 countries throughout the world. PCT can be used as reservation for the submission of patent in specified countries which enables you to delay for up to two and a half years in making the decision.PCT application can be changed into individual patent application.PCT application in detail requires timing, rights you preserve and other issues.

Patent Application Strategies

Filing application in countries where competitive products are made. Usually Patent in China can be preserved in all over the world. It is easier to defend a patent against sellers in the United States than makers in China. These strategies of patent in particular country is highly considered.

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