International Patents
Is there such a thing as an
International Patent that
provides international patent protection?
Unfortunately, the answer to this question is no.
There currently is no single international patent you can get that provides worldwide
patent protection. While there is no such thing as an international
patent, there are some international patent
applications you can
file that can help acquire patent rights in foreign countries. When
seeking international patent protection, you have three main options:
- File Directly in Foreign Countries. File
foreign patent applications directly in the country(ies) you want patent
protection in.
- PCT Application. File a PCT
Application (a.k.a. “international application”) then later directly in the
countries you want foreign patent protection in.
- EPO Application. File a European Patent Application
then later directly in the European countries you want foreign patent
protection in.
Option 1: File Directly in Foreign Countries
The simplest method of receiving a foreign patent is simply to file
directly in the foreign country. However, this needs to be done within
one-year of your U.S. filing date for
utility patent applications
(for
design patent applications the time period for filing foreign
patents is only six months). If you are planning to file in less than
five countries, directly filing in each country is typically the fastest and
most cost effective route to take.
Option 2:
Patent Cooperation Treaty (PCT) Patent Applications
The Patent Cooperation Treaty (PCT) of 1970 is an international patent law treaty
that provides
a “Contracting State” (i.e. member country) a unified procedure for filing patent applications
in each of the Contracting States (see
Listing of PCT Member Countries and our
Listing of Countries NOT Members of PCT). A patent application filed under
the Patent Cooperation Treaty is called an
international patent application or
PCT application.
You can learn more information about the Patent Cooperation Treaty at the
World
Intellectual Property Organization (WIPO). There is a
PCT Timeline which shows the relevant dates for filing a PCT application
and also when you need to file national patent applications during the
national phase.
The PCT application route is the most cost effective in situations where
you have to file in more than five countries and/or you do not know what
countries you want patent protection in yet.
Option 3:
European Patent Applications
The European Patent Convention (EPC) of 1973 multilateral treaty
instituting the European Patent Organisation (EPOrg) and providing a legal
system of which
European patents are granted.
The European Patent Organisation has two organs: the
European Patent
Office (EPO) which acts as the executive body to grant European
patents, and the
Administrative Council. As of July
2009, there are
36 Contracting States participating in the EPC.
While a European patent is granted under the EPC, a European patent does
not provide any legally enforceable rights. A European patent is
mainly used to establish patent rights in individual European states which
have the right to approve, modify or disapprove of. The main benefit
of a European patent application is that a single patent application, in one
language, may be filed at the European Patent Office (EPO).
The EPO application is best to use in situations where you mainly want
European patent protection and you do not know which European States you
would like patent protection in.
What Type of Foreign Patent Protection Should You Apply For?
Below are a series of questions to help you determine what type of
foreign patent protection you should seek.
- Do you want to file in more than five countries?
- Yes. Proceed to (3).
- No. Proceed to (2).
- Do you know what countries you want to file in?
- Yes. Consider directly filing in each of
the foreign countries instead of filing a PCT or EPO application.
- No. Proceed to (3).
- Do you intend to file in any countries that are not part
of the European Patent Convention (EPC)?
- Yes. Consider filing a PCT application
(you will have to file directly in any country that is not a PCT
Contracting State). Alternatively, consider filing an EPO
application plus filing directly in the countries that do not
contract with the EPC.
- No. Consider filing an EPO patent
application (you will have to file directly in any country that is
not an EPC Contracting State).
Typical Costs for Foreign Patent Application Filings
Below are some typical cost ranges for filing a PCT application, a
European application or directly in some countries (the estimates below do
not include subsequent prosecution of the patent applications or annual
annuities). These fees are simply typical fees and do not guarantee
that your patent application will cost the same. The total cost
depends upon various factors including legal time, length of the patent
application and the number of claims. These are not formal quotes and
are merely rough estimates. You need to get a formal fee quote if you
want to file in a foreign country.
Application
Type |
Typical Cost
Range |
Patent Cooperation Treaty (PCT) Filed in
United States |
$5,000 – $6,000+ |
European Patent Application |
$6,000 – $8,000+ |
Canada |
$1,000 – $2,000+ |
Mexico |
$3,000 – $5,000+ |
Japan |
$8,000 – $12,000+ |
Australia |
$3,000 – $4,000+ |
South Korea |
$6,000 – $8,000+ |
India |
$3,500 – $5,000+ |
Taiwan |
$4,000 – $6,000+ |
China |
$5,000 – $7,000+ |
Germany |
$5,000 – $7,000+ |
New Zealand |
$3,000 – $5,000+ |
Brazil |
$3,000 – $5,000+ |
South Africa |
$2,000 – $4,000+ |