Key Takeaways

  • There is no single worldwide patent; protection is achieved by filing national or regional patents.
  • An international patent application under the Patent Cooperation Treaty (PCT) simplifies filing in over 150 countries, providing a unified procedure before entering national phases.
  • Applicants gain up to 30 months from their initial filing date to decide where to pursue protection.
  • Common mistakes include assuming a PCT itself grants rights or missing strict filing deadlines.
  • Costs vary widely, often $4,000–$5,000 initially, plus thousands more per country for national phase entry.
  • Enforcing patents is easier in some regions (U.S., Europe, Japan) than others (China, India, Brazil).
  • Strategic planning is crucial: select countries based on markets, enforceability, and costs.

What Are International Patent Applications?

International patent applications, called a PCT application, is part of how to patent an idea and is the first step in letting you get exclusive rights to your inventions in countries around the world. These patents offer more protection than a patent in the United States alone. The World Intellectual Property Organization (WIPO) administers the PCT. This patent application gives you protection for inventions in over 150 nations around the globe.

Difference Between PCT and “International Patents”

There is no such thing as a single, enforceable "international patent." What exists instead is the PCT international patent application system, which standardizes and streamlines the filing process. The PCT does not itself grant patent rights, but it provides a unified procedure that allows inventors to file one application recognized by over 150 contracting states. Applicants must later enter the "national phase" in each country or regional office (such as the European Patent Office) where they want actual patent protection.

Reasons to Consider Not Using International Patent Applications

  • Incomplete Coverage: A PCT application only gives you access to patent protection in 151 countries. That means you won't have patent protection in 45 remaining nations. You may need to file patents with additional nations directly.
  • Design Protection: PCT applications only apply to utility patents. If you want to protect a design patent, you have to file applications with each country directly.
  • High Cost: If you don't plan to do international business soon, you might not need a PCT application. The costs can be very high, especially if you want to file for protection in several countries.

Reasons to Consider Using International Patent Applications

  • International Business: If you have an international business, you need international patent protection. A PCT application means you don't have to file multiple individual patent applications. It gives your application priority while giving you time to decide where to file.
  • Global Distribution: Your offices might be in the U.S., but you might manufacture or sell products abroad. Get an international patent to cover your intellectual property no matter where you do business.
  • Expansion Plans: If you have a startup and plan to expand your business sometime in the future, file an international patent application now. This will protect your future intellectual property. You may also attract investors who appreciate your global approach.

Strategic Benefits of Filing Early

Filing a PCT application preserves your priority date internationally, which is vital if you intend to expand into multiple markets. Even if you are uncertain about which countries to pursue, the PCT allows up to 30 months to analyze business opportunities, investor interest, and competitor activity before committing to costly national filings. This timeline provides flexibility for startups and small businesses to make informed decisions while securing a critical international filing date.

Common Mistakes in International Patent Applications

  • Forgetting to file a domestic patent application

Filing a PCT application doesn't mean you don't have to file with the USPTO. If you plan to do business in the U.S., start by getting a patent from the USPTO.

  • Believing that a PCT application protects your patent around the world

There is no one patent that protects your rights in every country around the world. For the greatest coverage, file a patent application with the United States Patent and Trademark Office (USPTO) first. Then file a PCT application and choose member countries where you need protection.

  • Assuming that patent law is the same in every nation

USPTO law doesn't apply to patents filed in other nations. Legal differences around the globe could help or hurt your case. As the United Kingdom case Edwards Lifesciences AG v. Cook Biotech Incorporated shows, employer ownership over intellectual property is stronger in the U.K. than it is in the U.S. Other countries can make filing patents for software and technology especially difficult.

  • Waiting too long to file a PCT application

In some countries, public disclosure of an invention prevents you from filing for a patent. You should file a PCT application before your U.S. patent becomes public. If you miss the deadline, you might need extra legal assistance to get the protection you need.

  • Not hiring a lawyer

It isn't easy to understand international patent law. If you want to protect your intellectual property rights effectively, hire a professional. Patent attorneys understand where you should apply for patent protection and why.

Challenges in Specific Countries

Patent law varies considerably across jurisdictions:

  • Europe: Examiners are stricter on subject matter like software, but once granted, European patents can be validated across many member states.
  • China and India: Enforcement can be slower and more difficult, although both have improved patent litigation frameworks in recent years.
  • Brazil and Russia: Backlogs and local procedural rules often delay patent grants.
    Because of these differences, choosing where to file should involve both market size and the enforceability of rights in practice.

Deadline for International Patent Applications

You must file a PCT application within 12 months of filing with the USPTO. Each nation has its own schedule for patent applications. Consult the specific nation's schedule to meet the nationalization deadline.

There is no deadline for filing a patent application in the U.S. In general, you should submit an application as early as possible in the invention process.

If you use the PCT to file internationally, you can buy yourself some time. You will be able to mull over which countries you want a patent in for up to 30 months after the file date. You can analyze each country and assess their markets.

Knowing if your invention is in demand in each country will help you be successful. You can also figure out which countries your patent will likely get accepted in.

PCT Timeline Overview

  • 12 months: You must file your PCT within 12 months of your earliest national application (the “priority date”).
  • 16 months: An International Search Report (ISR) and written opinion are typically issued by this point.
  • 18 months: Your application is published internationally, giving public notice of your invention.
  • 22 months: You may request a supplementary international search if needed.
  • 30 months: Deadline to enter the national phase in most countries, though some allow 31 months.

Understanding these milestones helps applicants plan financing, legal representation, and business strategy.

International Patent Application Options

Applicants have several options when seeking protection abroad. The most common is filing a Patent Cooperation Treaty (PCT) application, which provides a streamlined process for filing in multiple countries. Alternatively, inventors may file directly with the patent office of an individual nation or pursue protection through the European Patent Organization (EPO), which offers coverage in nearly 40 European member states. U.S. inventors must also secure a foreign filing license before submitting an application outside the United States. Fortunately, if a U.S. application is filed with the USPTO, this license is automatically granted.

Foreign Filing License Requirements

If you file a U.S. patent application but do not receive a foreign filing license, it may indicate that your application is under review for potential national security concerns. In rare cases, the Pentagon may issue a secrecy order to prevent foreign filings if the invention could pose a threat. Absent a direct secrecy order, applicants automatically obtain foreign filing authorization after six months.

Permission from the USPTO for International Filings

In some cases, explicit permission from the USPTO is required to file abroad. A foreign filing license is necessary if you submit an international patent application before filing in the U.S., or if you file one within six months of your U.S. filing date. However, if more than six months have passed since your U.S. filing, no additional authorization is needed.

The Patent Cooperation Treaty (PCT)

The PCT, established in 1970, is available to countries that are members of the Paris Convention for the Protection of Industrial Property. It simplifies the process of filing patents internationally by allowing applicants to file a single application that can later be pursued in multiple jurisdictions. This system reduces initial costs and administrative burdens for inventors seeking broad international protection.

The Paris Convention’s Role

The Paris Convention extends intellectual property rights across more than 100 member countries. Under this treaty, if you file a patent application in one country and then file in another within 12 months, the later filing is treated as though it occurred on the same date as the first. This provision helps inventors secure priority rights globally.

Costs of Filing Internationally

Filing a PCT application typically costs about $4,000. However, additional expenses arise when entering the national phase in individual countries, with fees ranging from $2,000 to $7,000 depending on the jurisdiction. Applicants should budget for these nationalization fees when planning their international strategy.

Maintenance Fees and Working Requirements

Most countries impose maintenance fees to keep patents in force, and these vary significantly by jurisdiction. Additionally, many countries enforce a “working requirement,” which obligates patent holders to manufacture or use their invention within a set time frame, often three years. Failure to comply can result in the patent being voided or subject to compulsory licensing.

Enforcing International Patents

Patent enforcement is not uniform worldwide and can be both complex and expensive. Enforcement tends to be most effective in regions such as the United States, Canada, Western Europe, Japan, and Korea. By contrast, enforcement may be more challenging in countries like China, India, Russia, Brazil, and South Africa, although improvements have been made in some jurisdictions. Before filing, inventors should consider whether the costs and practicalities of enforcement make protection worthwhile in a given country.

Eligibility to File a PCT Application

Not all applicants are eligible to file under the PCT. At least one applicant must be a resident or national of a member country. If none of the inventors meet this requirement, a PCT application cannot be filed. These eligibility rules also influence where an application may be submitted and processed.

Steps to File an International Patent Application

  1. File a patent application in the United States

    Start the process by filing a utility patent application with the USPTO.

  2. File a PCT application

    Submit a disclosure, a list of prior art, and relevant claims to support your international patent application. The International Searching Authority (ISA) will research your invention. The ISA will give you an International Search Report (ISR) and a written opinion (WOISA).

    You cannot file an international patent application at just any patent office. You must specifically file your application in the appropriate receiving office. Look for a receiving office where you or one of your co-applicants is a resident or one where you are authorized to register.

    You can also file with the International Bureau. The USPTO acts as a receiving office for U.S. residents. This is also true for the International Bureau.

  3. Enter the national PCT application stage

    Select the countries where you want patent protection. Next, you'll nationalize your PCT application in each country you choose.

  4. Get a local attorney

    During the nationalization stage, you must file paperwork in the countries of your choice. In most cases, you'll need a local attorney to handle paperwork or prosecute your patent.

  5. Pay the fees

    Each country charges a different fee for patent protection. This is in addition to the PCT application fee. Some countries also charge annual patent fees.

  6. Collect your international patents

    The international patent application process can take years. Communicate with your attorney to make sure the process is successful.

Costs and Fees Involved

The costs of an international patent application include:

  • Filing fees: Around $3,000–$4,000 for a PCT application, depending on the receiving office and language.
  • National phase fees: Range from $2,000–$7,000 per country, including translation, attorney, and government fees.
  • Maintenance/renewal fees: Vary by jurisdiction and can add significant ongoing expenses.

Because costs can escalate quickly, applicants often prioritize key markets where commercial potential and enforceability are highest.

Frequently Asked Questions

1. Is an international patent the same as a PCT application?

No. There is no universal patent. A PCT application streamlines filings in multiple countries, but each national office must still grant protection.

2. How long does an international patent application last before national filing?

You generally have up to 30 months from your priority date to enter national or regional phases, though some countries allow 31 months.

3. How much does it cost to pursue international patent protection?

Expect $4,000–$5,000 for the PCT stage plus $2,000–$7,000 per country for national phase entry, not including maintenance fees.

4. Can I enforce my patent rights globally through a PCT?

No. Enforcement occurs only after patents are granted in individual countries or regions, and the ease of enforcement varies by jurisdiction.

5. What if I only want protection in Europe?

You may file through the European Patent Office (EPO), which covers nearly 40 states, or use the PCT and later designate the EPO during the national phase.

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