Why register a patent internationally?A registered Australian patent provides protection only in Australia. If you are planning to commercialise your invention overseas, patent rights will need to be obtained in each country of interest.
How do I file for a patent overseas?Patent protection in each additional country of interest can be obtained by filing for a patent in that country. If an application is filed within 12 months of the Australian application, that overseas filing will be afforded the earlier Australian priority date. If you are filing in a country that is a signatory to the Paris Convention (approximately 160 countries) you will be able to take advantage of this 12-month period.
An alternative to filing separate applications in each country of interest is to utilise the Patent Cooperation Treaty (PCT) to nominate for a patent in multiple countries under a single application. Approximately 120 countries are signatories to the PCT.
The PCT application must be filed within 12 months of the filing priority date. You will then have a further 18 months until you must convert your PCT application to complete applications for each specific country. During this time you can determine which overseas markets are commercially viable for obtaining patent protection.
If you are seeking patent protection in Europe, the European Patent Convention (EPC) allows for the grant of a ‘European patent’, legally enforceable in 37 European countries with a single application.
Each patent application filed will be subject to that jurisdiction’s patent laws and procedures.
We can help you devise and implement an effective overseas patenting strategy. Our strategies are developed to ensure they are in line with your commercial goals. With the right patent strategy in place, this will maximise the protection to your invention, as well as minimising the amount of time and money sometimes associated with the patenting process.
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How can Actuate IP assist?Actuate IP’s patent attorneys can help you develop and implement a viable overseas patent filing and protection strategy that best meets your commercial needs.
Contact Actuate IP to learn more.