Foreign Transactions

Patenting Abroad

If you plan to sell or license your invention abroad, you should consider applying for protection abroad. If you don't, anyone can legally make, use or sell your invention abroad.

You can protect your invention abroad, either directly to the patent office of the country the owner is interested in, or by applying through the international patent system, namely PCT (Patent Cooperation Agreement) covering more than 150 countries.

In order to preserve the priority date, the foreign application or PCT application must be submitted within 12 months from the date of the national application.

When you make an international application using the PCT system, you will be able to get legal protection of your invention in all PCT member countries.

The PCT includes filing applications for patent applications for inventions, certificates of inventor, utility certificates, utility models, and various patents and supplemental patents.

International Stage

The international phase includes filing an international application, generating an international research report and written opinion, publication of the application by WIPO (World Intellectual Property Organization), and (optional) international preliminary review.

The international stage of the procedure makes it possible for an applicant to understand the patentability of the invention and the feasibility of further examination of the application in selected countries.

National Stage Entry

The national phase consists of applying to the patent offices in the countries where the applicant wishes to obtain a patent. The deadline for filing a national application is usually 30-31 months from the priority date.

Therefore, if the application was made using the PCT system, the applicant has an additional 18-19 months to submit their national application. If you do not have a PCT application but have a national application in your country, you have only 12 months to file your application in other countries using contract priority.