Patents usually have a limited territorial scope. Patent rights may only be enforced in the nation where the patent application was filed. As a result, if you want to transfer your technology or business outside of your nation, you should consider expanding your patent rights in all countries of interest. It enables you to maximize the value of your patents and increase revenue. The following article will take you through all you need to know about obtaining patent protection in a foreign nation.
Three ways for Obtaining Patent Protection in Other Countries
Patent Cooperation Treaty (PCT) Application
The PCT is an international treaty governed by the World Intellectual Property Organization (WIPO). It allows patent applicants to submit a single worldwide patent application in order to get patent protection in multiple countries at the same time. Applicants can file a patent application in more than 150 countries at the same time. Within 12 months following the first filing date of a patent application, a non-provisional patent application must be filed with WIPO or the national patent office.
When filing patent applications in several countries utilizing the Paris convention technique, an applicant can file either directly or within 12 months of the filing date of the first patent application in each country. Furthermore, applications for the Paris Convention can be made in countries that are not PCT signatories. Hong Kong, Iraq, Pakistan, and other countries are among them. It’s worth noting that filing a convention application can help an applicant protect their innovation in a few nations. If the applicant intends to submit the application directly in countries of interest, a Foreign Filing License (FFL) must be obtained from the local Patent Office.
Foreign Filing License
Due to the lower commercial potential many applicants do not see the value of submitting a patent application with their local patent office. In this case, an applicant can directly file a patent application via PCT or convention route in the countries of interest, after receiving a foreign filing license or formal authorization from the relevant local patent office to submit a patent application outside their nation.