Can I protect my patent internationally?
November 4, 2023 | 50,00 EUR | answered by Andrea Maier
Dear Patent Attorney,
My name is Georg Lauer and I have recently applied for a patent for an innovative invention. I am very proud of my idea and want to ensure that it is protected internationally. Currently, my patent is only registered in Germany, but I have heard that it is possible to expand the protection on an international level.
My concerns are that my invention may also be available abroad and I fear that it could be copied without the appropriate protection. I would like to know what options are available to protect my patent internationally and what steps I need to take for this.
Could you please explain to me how the process for international patent application works? Are there any specific organizations or agreements that can help me with this? What costs and time commitment are involved? And most importantly, how can I ensure that my patent is valid in different countries and protected against possible infringements?
I thank you in advance for your support and look forward to your professional advice.
Best regards,
Georg Lauer
Dear Georg Lauer,
Thank you for your inquiry regarding the international protection options for your patent. It is understandable that you want to protect your innovative idea from unauthorized use, and I will do my best to assist you with this matter.
There are various options to protect your patent internationally. One of them is the so-called Patent Cooperation Treaty (PCT), which allows you to file an international patent application that is valid in multiple countries. Through the PCT, you can preliminarily protect your invention in up to 152 contracting states without having to file a separate application in each country.
The process for the international patent application usually proceeds as follows: First, you submit the PCT application to the World Intellectual Property Organization (WIPO). They will examine the application and publish it. Then, you have 30 months to decide on the national phases in the desired countries and file the final patent application there. You can refer to the already submitted PCT application during this process.
There are also various regional agreements, such as the European Patent Convention (EPC), which allows you to obtain protection in the member states of the EPC with a single application. This can simplify the process of the international patent application and save costs.
The costs and time involved in the international patent application depend on various factors, such as the number of countries where you seek protection and the complexity of your invention. It is advisable to inquire about the costs early on and create a detailed plan for the international patent application.
To ensure that your patent is valid in different countries and protected from infringement, it is important to seek advice from an experienced patent attorney. They can help you take the right steps and ensure that your patent is optimally protected.
I hope this information was helpful to you and I am available for further questions. Good luck with the international protection application for your patent!
Best regards,
Andrea Maier
Patent Attorney
