“How do we protect our invention globally?”
This is a question that’s on the minds of countless entrepreneurs around the world. If you’re an innovator with a groundbreaking idea, the thought of someone else copying it internationally is enough to keep you up at night. But don’t worry; we’re here to demystify the process.
Patent is Territorial Based
One thing to understand right off the bat is that patents are territorial. In simple terms, the protection you receive for your invention is limited to the country where your patent is granted. This means that to secure protection worldwide, you’ll need to submit applications in multiple countries. Undeniably, it’s a tedious and complicated process, but there are strategies to make the journey smoother.
In this article, we’ll walk you through the different routes to register your patent globally, the pros and cons of each, and some tips to save you time and effort. Let’s dive in!
Is There a Way to Register a Patent in All Countries at Once?
The short answer? Unfortunately, no. As of now, there’s no unified system to register a patent in every country simultaneously (as much as we wish there were). That said, there are mechanisms that can simplify the process and help you plan your patent strategy effectively. Broadly, there are three main options to consider:
Filing patent applications individually in each country.
Filing under the Patent Cooperation Treaty (PCT).
Filing through regional patent offices.
Let’s break each of these down so you can figure out which one works best for your business.
A. Filing Individually in Each Country
This is the most traditional approach and, honestly, the most labor-intensive. Filing patents country by country involves submitting separate applications to the respective patent offices in each jurisdiction where you want protection.
This approach may still be manageable if you are only filing your patent in 2-3 countries. However, once you file in more than that, you may be burdened by the following difficulties:
Complex requirements: Each country has its own set of formalities, laws, and processes for patent registration. For example, what works in the U.S. might not fly in China or Germany.
Shorter timelines: According to the Paris Convention, if you’ve already filed a patent in one country, you must file in other countries of its member countries within 12 months to claim priority from your original application. Missing this deadline can mean losing your chance to secure protection elsewhere.
Costly and time-consuming: Filing individually in multiple countries can rack up expenses quickly, especially with translation, legal fees, and government charges.
B. Filing a Patent Cooperation Treaty (PCT) Application
The PCT is a game-changer for many entrepreneurs. It offers a centralized system for filing a single international patent application, which can then be extended to over 150 member countries.
What is the PCT (Patent Cooperation Treaty)?
The Patent Cooperation Treaty is an international agreement administered by the World Intellectual Property Organization (WIPO). It doesn’t automatically grant you a global patent registration, but it simplifies the initial stages of filing in multiple countries.
How does it work?
Here’s a quick overview of the PCT process:
File a PCT application with a national or regional patent office or directly with WIPO. This application acts as a placeholder and gives you time to decide where you want protection.
After filing, you’ll receive an International Search Report (ISR) from International Search Authority (ISA). This document assesses whether your invention is patentable based on prior art (existing inventions or publications).
You’ll enter the National Phase, where you choose the specific countries or regions where you want to proceed. This step usually occurs 30 months (31 months in some countries) from your initial filing date (or priority date), giving you ample time to evaluate market potential and plan your budget. “Entering National Phase” is a process where you start filing your patent application in the intended countries after submitting the initial PCT application with WIPO.
Advantages of the PCT:
Time: The 30-month timeline gives you breathing room to assess which markets are worth pursuing. In comparison with the traditional way of filing each country individually , this approach gives you extra 18 months to consider which country to enter.
Cost-effective research: The ISR helps you gauge the likelihood of success in different jurisdictions before committing to national filings. The best part is that if the ISR is giving opinion that is not favorable to your patent application, you can still amend your patent specification based on the ISR’s comments before proceeding with the national phase application.
Flexibility: You can cover a wide range of countries (though not all—we’ll get to that).
Disadvantages of the PCT:
Not every country is a PCT member. For example, jurisdictions like Hong Kong, Taiwan, Argentina, Pakistan, and Afghanistan are not part of the treaty (at least for now), so you’ll need to file separately in these jurisdictions.
Entering the National Phase can still be expensive, especially in countries with high translation costs or complex filing requirements.
So, yes, you will still need to file your patent application separately in each country, even after filing the PCT application. The main purpose of filing your patent through PCT is to leverage on the advantages mentioned above.
C. Filing Through Regional Patent Offices
For certain parts of the world, you can use regional systems to file a single application that covers multiple countries.
Examples of Regional Patent Systems:
European Patent Office (EPO): Covers 39 European countries. Once granted, you’ll need to validate the patent in each member state.
African Regional Intellectual Property Organization (ARIPO): Covers 22 African countries.
Eurasian Patent Organization (EAPO): Covers 8 Eurasian countries.
Gulf Cooperation Council (GCC) Patent Office: Covers six Gulf countries.
Advantages of Regional Applications:
You can protect your invention in multiple countries with a single application.
Filing fees and procedural requirements are often consolidated, saving time and money.
Disadvantages of Regional Applications:
Some regions may have limited geographical coverage compared to the PCT.
Planning Ahead: The Key to Successful Global Patent Registration
Patents aren’t something you can handle at the last minute. Here are a few tips to streamline the process:
1. Identify your target countries early.
Start by determining where you want to protect your invention. Think strategically:
Where will you manufacture or sell your product?
Where are your competitors based?
Are there countries where infringement is a higher risk?
2. Plan the Timeline to Proceed
For non-PCT countries or regional filings, mark the 12-month Paris Convention deadline on your calendar to avoid missing it
For PCT-countries, mark the 30-month (some countries 31-month) deadline.
Budget for at least 2–3 months of lead time before the patent application filing deadline (more than 3 months is ideal)
3. Budget for translations and local fees.
Patent applications often need to be translated into the official language of the filing country. For example, filing in Japan, Middle East countries or China will require high-quality translations to ensure accuracy.
4. Allow time for preparation.
Drafting a strong patent application takes time. You’ll need to:
Write detailed claims and descriptions.
Include drawings or diagrams.
Conduct prior art searches to ensure your invention is novel.
Waiting until the last minute can result in rushed, low-quality applications that could be rejected.
How to Combine PCT, Regional, and Individual Patent Filings for a Global Patent Strategy?
Many entrepreneurs may assume they must choose one approach—either a PCT application, regional patent filing, or individual country filing—but that’s not the case. These methods are not independent of each other; you can (and should) use them together to create a cost-effective global patent strategy.
Why Use Multiple Patent Filing Strategies?
A combined approach helps you:
Reduce upfront costs – A PCT application gives you up to 30 (or 31) months before committing to expensive national filings.
Expand coverage efficiently – Regional patent offices like the European Patent Office (EPO) let you cover multiple countries with a single application.
Customize filings for key markets – Some countries aren’t in the PCT system (e.g., Argentina, Taiwan, and the UAE), so individual filings may still be necessary.
Example of a Smart Global Patent Filing Plan
Step 1: Start with a PCT Application – This buys time, provides an International Search Report (ISR), and helps assess patentability before full commitment.
Step 2: Use Regional Patent Offices – For broader coverage, file through EPO, ARIPO, or GCC to streamline multiple countries under one system.
Step 3: File Individually Where Necessary – For non-PCT countries or strategic markets, submit direct applications within the 12-month Paris Convention deadline.
Final Thoughts: The Best Approach is a Hybrid One
By combining PCT, regional, and individual filings, entrepreneurs can build a flexible, scalable patent strategy that balances cost, efficiency, and global reach. The key is planning ahead and leveraging the right system for each market.
Can You File Overseas Patent Applications Yourself?
The short answer is: probably not. Most countries require you to appoint a local patent attorney or agent to handle the filing process. These professionals understand the nuances of their country’s patent laws and can help you navigate the system smoothly.
While hiring local attorneys adds to your costs, it’s an investment worth making. A poorly filed patent can lead to delays, rejections, or even invalidation down the road.
Conclusion: Make Your Patent Strategy Work for You
Securing global patent protection is no small feat, but it’s entirely achievable with the right approach. Whether you’re filing individually, using the PCT, or leveraging regional systems, the key is to plan ahead, budget wisely, and seek expert advice when needed.
Remember, patents are an investment in your business’s future. By protecting your intellectual property, you’re not just safeguarding your invention but also building a competitive edge that can help you thrive in a global marketplace.
So, what are you waiting for? Contact us and let us help you to start mapping out your patent journey today, and give your innovation the protection it deserves!
Written by,
Registered Trademark, Patent and Design Agent
LL.B (HONS), CLP
Advocate & Solicitor (Non-Practising)
Disclaimer:
The above article is for general knowledge only and does not constitute legal advice. Please feel free to contact us for proper advice and a tailored strategy to protect your innovation!