PCT Patent Application-Should You Attain An International Patent For Your Invention

Do you have an invention you want to market? If so, then you want to be the first person who has it patented both in domestic and international market.

The first thing you need to understand about cornering a market is that innovation and invention is essential, and to be the first person to patent the idea is going to come out on top. All inventors are probably familiar with the patent war that occurred between Elisha Grey and Alexander Graham Bell. Both men developed an invention that would transmit speech. However, Bell patented his product first, and because of that, people know of just one telephone inventor… Alexander Graham Bell.

30 Months Of Patent Protection For Your Invention

This is a global market – inventors have to compete on an international basis to develop the next big thing. An affordable way to get patent protection for 30 months is to have and fill out a Patent Cooperation Treaty patent application. This ensures your invention’s value while maintaining the ability to file it in nearly all countries until the 30-month period expiration date.

You’ll need to file this patent application with the U.S. Patent and Trademark Office, which provides you international rights to the invention and protects you in any country. You do need to file a national application for all countries you want that patent to be protected in – even if it is the United States – within that time period of 30 months.

The problem for most investors and businesses is the expense and complex process that comes with filing for a foreign country patent application. After all, each country has its own rules and regulations regarding the filing of and the maintaining of patents. If you dismiss the opportunity to file in the international market, you could experience significant loss for the invention and undermine the IP’s value and worth.

The PCT patent application, once 30 months have passed, will have to be filed in any country that you want the patent protection in. Be aware that there is no international patent right at this moment.

Even after you have filed for a U.S. patent, you have just one year to file for an international patent like with the PCT application. If you fail to file before the one-year deadline, you lose all international patent rights to the invention.

4 Questions To Consider Before You File A PCT Patent Application

Now, there are several factors – business-wise – that you need to consider if you should or should not get a foreign patent for your invention. So, be sure you talk with an experienced patent attorney to be sure you take the right first step. What questions should you be asking about the issue?

1 – Are you looking to license the invention with an international firm? If you are, it’s important to have a PCT application in case they are interested in investing, using or producing your service or item. Without the protection, they may not able to make enough income for them to see your invention as worthwhile.
2 – Are you looking to sell your products or services internationally? Well, then, you’ll need to have a foreign patent protection.
3 – What markets would be your customer base for your product or service?
4 – Do you presently have any foreign interests, business or inquiries?

Just one yes to the above questions means you should secure your rights to file for an international patent, even if you decide not to go ahead with the patent protection. A PCT patent application will allow you to defer the decision of, where and if you should file for a small fee, especially when you consider how much it would cost to file in each individual country.

A PCT patent application allows you to determine what foreign markets will be the most valuable to get patent protection in.