Patenting of inventions in other countries

In accordance with the Patent Cooperation Treaty, the following patent systems exist:

  • Traditional;
  • Regional;
  • “RST” system.

Thus, if you have a need to obtain a patent on invention or utility model you should choose one of the above patent systems.

Using the traditional system of patenting in order to receive a patent in several countries, inventor applies for patents in each of these countries. It is important to file applications for inventions in a time-bound. It is therefore necessary to ensure that all applications were filed before the expiration of 12 months from the date of filing of the first application. This is due to the persistence of the convention priority (ie the date of first filing). The inventor must be aware that there are formal requirements of each country to application format. When filing, it is necessary to consider the following factors:

  1. The application must be in the language of the specific country;
  2. Correspondence with the Patent Office of each country should only go through patent attorneys. Otherwise, this correspondence can be declared illegal.
  3. Prescribed fee should be timely and fully paid in each country. Such a system can be quite difficult for the inventor. Particular attention must be addressed to receiving patents in different countries.

If the applicant has the need to obtain a patent in all countries in one region, he should use the Advantages of a regional patent system. This is due to the fact that countries in several regions (eg, Europe, CIS, Asia and Africa) have signed a regional treaty on obtaining a patent, which will operate in all countries of the region. Based on the signing of such agreements appeared the following:

  1. EUROPATENT, which covers the main European countries.
  2. Eurasian patent, which covers several CIS.
  3. ARIPO and OAP patents , which cover several countries in Africa. The main advantage of obtaining a regional patent is that by filing one application for the invention, inventor may obtain a patent, which operates in any country participating in the agreement.

However, there are cases where the applicant must obtain an invention patent for an invention, not only in countries belonging to the appropriate regional system. In this case, it is best to go with “RST” patenting system. Under this system the inventors of countries, that signed the treaty, can submit a single international application. This application has the power of a regular national application in each country relating to the agreement signed.

Note the main advantages of patenting inventions in the “RST” system:

  1. The applicant of the invention should not pay for the preparation of applications for the same invention in different countries.
  2. The applicant of the invention has more time to address the need to patent their inventions in different countries.
  3. The applicant of the invention has the ability to order a patent attorney to perform the International Search and international expertise. After performing a search inventor has an opportunity to more intelligently approach the issue of obtaining national patents (or time to change the claim). This will reduce unnecessary expenditures.

Patent Attorneys firm “Krylova & Partners” have a great experience with the full range of work associated with filing an international application and subsequent patenting of inventions in countries you indicated.

All of our patent attorneys, performing these works, are certified by the Patent Office of Ukraine.

All work is done within the statutory deadlines and at affordable prices.

Entrust patenting your invention to our patent attorneys.

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