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Global Patent Filing

Get your invention protected worldwide! Get your patent application filed internationally seamlessly through our wide global network of experts and with strategic inputs. Costs and timelines shall depend on the country(ies) you wish to secure your patent protection.

Introduction
Patent rights are territorial in nature. It means, in order to protect invention in India, patent has to be granted in India. There is no worldwide patent that can give protection through single application.

In order to protect invention in multiple countries there are below options-

Paris convention route: In this route, patent applicant can claim priority while filing subsequent patent applications in other countries from the first patent application within 12 months from date of filing first patent application. This can be done only when patent applicant is trying to protect his invention within member countries of Paris convention.

PCT route: This is the most convenient route if patent applicant is trying to protect his invention in multiple countries as large numbers of countries are currently signatories to this treaty. PCT requires filing of international patent application within 12 months from the date of local / domestic patent application from which priority is to be claimed. If international application is filed within 12 months from the date of priority, applicant gets minimum 30 months to decide whether he wants to enter other countries as national phase or not. An additional advantage of PCT is the International Search Report which the PCT empanelled Search Authority provides with detailed opinion on the patentability of the invention disclosed in the PCT application. To enter India as national phase, period of 31 months is available. PCT application can directly be filed without claiming any priority from domestic or local application.

Process
In Paris convention route, a direct filing at the patent office of the country of choice is done seeking priority of the local application supplemented by providing relevant formal documents later.

PCT route has normally three phases: Filing local application/ domestic patent application: This is optional and PCT application can be filed without filing local application as well. Local application is the patent application filed in the first country benefit of which can be claimed by the applicant while entering other countries.

International application: This can be filed directly and in case of claiming priority from local applications, international patent applications have to be filed within 12 months from the date of filing local application. In some cases, if this timeline is missed, priority can be restored.

National phase applications: Patent applicants get minimum period of 30 months from the date of filing of local applications or date of filing of international applications (if they were filed directly) to decide whether or not enter other countries to get protection. Many countries including India have increased period of 30 months. This period varies from 30- 34 months which is 31 months while entering India. In many countries translations are required to be done to comply with language requirements of local patent offices.

Timelines
The PCT application or the paris convention application has to be filed within 12 months of earliest date of filing of the local application failing which further foreign application corresponding to the original local application can be filed.

In PCT process, an applicant gets a period of at least 18 months from the time the international patent application (or usually 30 months from the filing date of the initial patent application of which the applicant claim priority) before beginning the national phase procedures with individual patent Offices and to fulfil the national requirements. During international phase, patent applicant gets International Search Report (ISR) from International Searching Authority (ISA) which gives a non-binding opinion on patentability. Based on this report, patent applicant can decide whether or not enter national phases.

Translation Service

An improper translation may narrow the scope of the patent claim. A crucial claim in the patent might be invalidated due to an inadequate translation of a particular sentence in a sheet of prior art. We provide translations from and into a wide range of languages, combining language proficiency and subject matter knowledge with an understanding of patent literature based on years of experience. Our patent translation experts provide precise and accurate translations of patents and IP documents.

We also provide expert patent translations for your prior art searches and court documents in patent litigation cases. All translations undergo a thorough quality check by a qualified proof-reader to ensure accuracy and language correctness. Our clientèle includes leading patent law firms and technology and life science companies.