Protecting your inventions abroad
To seek protection of your invention abroad, you should obtain separate patents in the countries you designated. In addition to the national patents of each country, there are regional patents, such as a European patent or a Eurasian patent. The patent office established by several countries grants you a regional patent. The patent is valid in these countries on the condition of annuity fees paid. It protects in the same way as a national patent and is subject to national law. You should file the first application in the country of the invention while for patenting abroad, you can claim the Paris Convention priority by its filing date. You can seek protection under the Patent Cooperation Treaty (PCT). The PCT procedure includes an international stage and a national stage. An international filing, an international search, and an international publication of the application are obligatory for the international stage. You can get national or regional patents at the national stage, usually at 30 months from the priority date of your first application
Keywords: invention, foreign patent, Paris Convention priority, International application, Patent Cooperation Treaty, PCT.
References
- European Patent Office. https://www.epo.org.
- Espacenet Patent Search. https://worldwide.espacenet.com.
- Eurasian Patent Organization. https://www.eapo.org/ru.
- The Civil Code of the Russian Federation. Part 4. № 230-FZ of December 18, 2006.
- Paris Convention for the Protection of Industrial Property. https://www.wipo.int/treaties/ru/ip/paris/index.html.
- PCT — The International Patent System. https://www.wipo.int/pct/en.
- Time Limits for Entering National/Regional Phase under PCT Chapters I and II https://www.wipo.int/pct/ru/texts/time_limits.html#note2.
- The International Project: Patent Prosecution Highway. PPH Program. https://rupto.ru/ru/activities/inter/bicoop/pph
