Can I protect my patent internationally?
February 10, 2023 | 55,00 EUR | answered by Günther Schenkenberg
Dear Patent Attorney,
My name is Katja Karpinski and I have recently developed an innovative product for which I would like to apply for a patent. Currently, I have only applied for the patent nationally in Germany, but I am planning to market my product internationally. Therefore, I am wondering if it is possible to also protect my patent internationally and what steps are necessary for this.
I am currently concerned that my patent may not be adequately protected in other countries and that my idea could potentially be copied by competitors. As I have invested a lot of time, money, and effort into developing my product, it is very important to me that my intellectual property is protected.
Therefore, I would like to know if it is possible to register my patent internationally and what the process entails. Are there specific internationally valid patents that I can apply for to protect my intellectual property worldwide? What costs will be involved and which countries are particularly relevant for the registration of my patent?
I would greatly appreciate it if you could assist me and provide possible solutions to protect my patent internationally. Thank you in advance for your support.
Sincerely,
Katja Karpinski
Dear Mrs. Karpinski,
Thank you for your inquiry regarding the international protection possibilities for your patent. It is very understandable that you are thinking about how to protect your intellectual property worldwide in order to prevent possible copies of your innovative product. I would like to help answer your questions and show you possible solutions.
To protect your patent internationally, there is the option of filing a so-called PCT application (Patent Cooperation Treaty). This is a procedure that allows you to file an international patent application that can then be examined in a variety of contracting states. Through the PCT application, you receive a provisional international protection that gives you time to decide in which countries you want to finally protect your patent.
After the PCT application, you have the option to file national patents in the desired countries in order to obtain protection in those countries. The costs for the international patent application and the national patents vary depending on the country and the scope of protection you are seeking. It is advisable to inform yourself in advance about the costs and to make a precise calculation.
There is also the option to apply for a European patent, which is valid in the contracting states of the European Patent Convention. This gives you the opportunity to obtain protection for your patent in multiple European countries simultaneously.
It is important to identify the relevant markets for your product and decide accordingly in which countries you want to protect your patent. Strategic considerations, such as potential competitors and distribution opportunities, may also play a role in this decision.
I recommend that you contact an experienced patent attorney who can assist you in developing an international protection strategy for your patent. Together, you can find the best solution for your intellectual property and ensure that your innovative product is adequately protected.
I hope that this information is helpful to you and I am available for further questions.
Sincerely,
Günther Schenkenberg
Patent Attorney
