After the development of a new and unique technology, it is possible to formalize the rights to it and obtain a patent. It is possible to register industrial property objects at the national level, when the certificate issued will be valid only within one state. In addition, there is the option of patenting a development at the international level, either through national patent offices of individual countries or for several countries at once.
The concept of an international patent does not mean that an invention, utility model or industrial design will be protected in every country. It is not possible to obtain a patent in every country of the world without exception, only in a group of countries.
An international patent makes it possible to dispose of exclusive rights in the territory of all countries where legal protection has been granted. If the rights are sold under an assignment agreement or a temporary transfer under a license, the patent regime will remain in the territory of the previously selected countries, no matter who the acquirer is.
If you wish to obtain a patent abroad, according to the legislation of the Russian Federation on patents, an application for a patent is first submitted to the Patent Office of Russia (FIPS). Once the application has been sent to Rospatent, you will have 12 months to apply for a patent in foreign countries. Keep in mind that after this period (one year) in which the applicant has not attempted the patenting procedure in another country, his right to an international patent will cease to be valid.
If you want to protect the results of intellectual activity within a single state, national patenting is ideal. This method is also applicable if the particular country you are interested in has not signed the relevant agreement and is therefore not a party to it.
An application is submitted to the national office and in this case a national patent attorney, who is well-versed in the legislation of the chosen country, will handle all the paperwork.
The national procedure for obtaining a patent is best suited for those who are interested in protecting their invention in one country.
It is characterized by filing a single application indicating several states at once, and the applicant will have 30 months from the priority date to decide in which countries he wants to obtain a patent.
It is possible to protect your intellectual right in 153 countries. At the same time generally accepted requirements for the registration and examination of documents for patent rights will be preserved:
Patenting inventions is a necessary step for the developer, who wants to be sure of protecting his right. Until a certificate is obtained, there is a great risk of infringement by third parties. A patent application can be made in the following ways, at the applicant's choice:
The developer has the right to independently decide on patenting abroad. For this purpose it is necessary to take into account the peculiarities of the technical product or method of production, which allow to use the development effectively in the territory of foreign countries. For example, if the technical solution will be implemented only at the domestic enterprises, foreign patenting makes no sense, and would only entail an unjustified expenditure of money for the payment of fees, services of the patent bureau, etc.
However, if the technology will be transferred to foreign companies, or the right holder himself is planning to develop production abroad, there is no need to obtain a patent of the international level. In this case, it is only necessary to decide under which international patent system to apply for, and in which countries legal protection should be obtained.
It consists of only two steps:
It is issued only for the invention and design, and the legal protection will be valid in the territory of the countries in which it is requested (38 countries in total in the EPO). For this, only one patent is issued and there is no national patenting procedure. However, after the decision to grant the patent, the applicant must provide a translation of the claims into the national languages of all the countries for which the application was filed.
The application shall be filed with the European Patent Office in French, German or English and the claims shall be translated into the other two official languages within 31 months. A European patent can be applied for by an applicant registered in any country of the European Union, as well as by a non-resident applicant if he applies to one of the representatives listed by the EPO.
The term of issue of the protection document depends on the complexity of the object and the scope of its use and is on average three years.
It is issued in the territory of 8 states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan. Eurasian application is filed with the Eurasian Patent Office and protection is granted exclusively to inventions. The applicant may not be a resident of a member state of the agreement, and the protection extends to the territories of all states.
It depends on the laws of the countries in which protection is sought. In most cases, an invention will be protected for 20 years, and for pharmaceuticals and agropesticides this period may be extended for an additional 5 years (however, not all countries are able to patent medical solutions); an international utility model patent is valid for 10 years and an industrial design patent for 5 years, and only industrial designs may be extended as long as the total term of protection does not exceed 25 years.
It depends on the following factors:
The following fees must be paid when filing an international application:
Fees for the international preliminary examination:
The fees are paid to different authorities, therefore each office has the right to set the currency convenient for it.
For the maintenance of the international patent it is necessary to pay fees on a regular basis. For example, for a patent for invention, this shall be done starting from the 3rd year after registration. Failure to pay the renewal fee, or violation of the term, entails the revocation of patent rights.
It is practically impossible to comply with all the requirements and conditions of international conventions for filing an application on your own, and an application without a patent attorney will result in the return of documents or denial of registration.
Pervoistok Patent Bureau offers a full range of services in the field of international patenting:
Our specialists have the necessary experience and qualification to carry out patenting even in the most complicated cases. To clarify all the terms of cooperation with our company and to coordinate the prices for patenting you can use the phone numbers listed on the website, or through the feedback form.