National patent applications abroad – (e.g. the USA, Japan, the United Kingdom, Germany, etc.)
An invention can be filed abroad by means of a national patent application abroad (e.g. the USA, Japan, the United Kingdom, Germany, etc.), an international PCT application or a European patent application. The Paris Convention for the Protection of Industrial Property is the instrument that grants a right of priority to an applicant seeking patent protection abroad who has already filed a patent or utility model application in Slovakia. This right of priority based on the Slovak application will be recognised provided the 12-month period from filing in the Slovak Republic is observed.
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Form and fees
Protecting Your Invention Abroad
An invention that is protected only in one country can be freely copied elsewhere. If you plan to manufacture, sell or license your invention internationally, you will need to consider patent protection in each important market. Because patent rights are territorial and deadlines are strict, an international strategy should be planned early.
Routes to International Protection
There are several ways to seek patent protection abroad:
- Filing national applications directly in each country of interest
- Filing a European patent application covering many European countries
- Filing an international application under the Patent Cooperation Treaty, which can later lead to national or regional applications
Each route has different costs, timescales and advantages. The best choice depends on how many countries you want to cover and how quickly you need protection.
Keep Your Invention Confidential
In most countries, an invention must be new at the time of filing to be patentable. Disclosing it publicly before filing, for example at a trade fair, in a publication or online, can destroy its novelty. Until your first application has been filed, share details only under a confidentiality agreement.
Patenting in the United States
The US is one of the most valuable markets for patent protection. The US system has particular requirements on the form of applications and on the disclosure of information relevant to patentability. Applicants from abroad usually work with a US-registered patent attorney or agent, especially when responding to examiners’ objections.
Priority and Timing
If you have already filed in one country, the priority period under international rules allows you to file elsewhere while keeping the original filing date. Missing that period may mean that protection is no longer available in some countries, so make a note of the deadline as soon as you file your first application.
Budgeting
International patent protection can be costly, especially when translations and maintenance fees are taken into account. Prioritising the most important markets helps manage costs.
If you would like to protect your invention in the USA or other countries, contact eTuls. We can help you choose the right route and coordinate the application with qualified patent professionals.