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Lawyer
posted 6 months ago
Obtaining an international patent involves a process that is governed by international agreements and treaties. The primary mechanism for obtaining an international patent is the Patent Cooperation Treaty (PCT). Here is a general overview of the steps involved:
1. Determine Patentability:
Before pursuing an international patent, ensure that your invention is eligible for patent protection. The invention should be novel, non-obvious, and have industrial applicability.
2. File a National or Regional Application:
Start by filing a patent application in the country or region where you reside or where you want protection. This is known as the priority application.
3. File an International Application (PCT):
Within 12 months of filing the priority application, you can file an international application under the PCT. The PCT simplifies the process of seeking patent protection in multiple countries.
4. International Search:
An international search is conducted to identify prior art relevant to your invention. This search is carried out by an International Searching Authority (ISA), and a written opinion on the patentability of the invention is provided.
5. Publication:
The international application is typically published 18 months from the priority date, making the details of your invention available to the public.
6. International Preliminary Examination (Optional):
You have the option to request an international preliminary examination (IPE) to get a preliminary opinion on the patentability of your invention. This step is not mandatory but can be beneficial in some cases.
7. Designate Countries for National Phases:
After filing the PCT application, you have the flexibility to choose specific countries where you want to pursue patent protection. These are known as the national or regional phases.
8. National Phase:
In each chosen country or region, you enter the national phase by filing a patent application based on the PCT application. Each national or regional patent office will examine the application according to its own laws and regulations.
9. Patent Grant or Refusal:
The patent offices in the designated countries will review the application, and if the criteria are met, a patent may be granted. If not, the application may be refused.
It's important to note that the procedures and timelines may vary between countries, and costs can accumulate at each stage of the process. Seeking professional advice from a patent attorney or agent who is familiar with international patent law is highly recommended to navigate the complexities of the process and maximize the chances of obtaining strong patent protection.
Mohamed Aboshanab
