10 Tips – How Can I Get a Worldwide Patent?tony tony https://secure.gravatar.com/avatar/aa9bbdf8f1e6bbf534778ecea7c0c925?s=96&d=mm&r=g
10 Tips – How Can I Get a Worldwide Patent?
Protecting Intellectual Property is always a critical factor to capture since it is what ensures a creative element is not infringed upon. As much as you may go out and get a patent to protect an innovation, infringements are always a possibility in other geographical locations where the patent has not been enforced. With the current patent setup, it is crucial that a filed patent is able to protect the IP rights across borders to ensure others do not benefit from the hard work and creativity of proprietors. Tips on how you can capture a patent that will cover the rights to an innovation include:
Filing an International Patent Application
It is of fundamental importance that you file an International Patent Application when in a bid to protect Intellectual Property on the global platform. This is because the application ensures that an international patent search is done to ascertain whether your patent application is viable and whether your innovation is unique. This is the only way to authenticate a patent and ensure it is successful.
Understand disclosure agreements
Different countries have varied stipulations when it comes to the disclosure agreements that govern innovations. It is therefore crucial that you are able to understand the disclosure agreements in the respective countries before an application is made as it is what will guide the structuring and filing of the patent.
Filing with the US Patent and International Patent offices
The only pathway to protect your Intellectual Property on the worldwide setting is structuring the initial patent application with the US patent office as soon as possible. This always ensures that filing with the International office is given the earliest consideration thereby protecting your innovation from the date of application. The initial patent application with the US patent office allows you a period of 12 months in which to make the International application.
Target the Patent Cooperation Treaty
In the past, applying for a patent on the international stage always proved to be a difficult path to negotiate since there were many conditions that had to be satisfied. The Patent Cooperation Treaty has however simplified the process that an individual has to go through to capture a patent that can be recognized internationally. With one PCT application that is governed by the Patent Cooperation Treaty, you are able to have a patent that is recognized in all the member states that subscribe to the treaty.
Ensure Viability in US, Japan and Europe
The US, Japan and Europe are renowned for their strict and yet detailed approach to patens and it is therefore important that any patent that is to be filed is evaluated against their standards. Ensuring the viability in these countries brings a patent closer to the approval stage since it effectively covers almost 90% of the stipulations that are needed in the patent industry. With most innovations coming from China, US, Japan and Europe, it is possible to get an effective patent search by checking the viability in the respective regions.
Hire patent attorneys in respective countries
Different countries have different laws when it comes to the application and enforcement of a patent and it is therefore imperative that a clear understanding is established. This is ultimately captured when one is able to hire patent attorneys in the respective countries in which they are making the international patent application. This ensures you are able to understand the requirements, fees and operational limitations that you will experience.
Target regional patent offices
A unique way to approach the aspect of International patent application is targeting the regional patent offices. Since it is not possible to apply for one patent that can be used globally, it is important to apply for the patent in the US and target the same application in the regional patent offices like the EPO and ARIPO which is a process that will ensure the patent is enforced within the member states that are in the respective region.
Prepare for annuities
An international patent can drain the finances if not planned for effectively and with a keen eye on the eventual requirements. It is therefore imperative that you prepare for annuities that start from the date of application and run for varied lengths depending on the region in which the patent is being enforced.
Understand WIPO regulations
A patent that is to be enforced on the international stage has many requirements as well as regulations that dictate its mandate and reach. With this aspect in mind, it is important that the WIPO regulations that govern patents are internalized to ensure the process of getting the patent is seamless.
Be equipped with translation costs and filing fees
Different countries have different regulations when it comes to patents being enforced on the global stage with varied conditions to be fulfilled. The burden is therefore on the applicant to be equipped with the translation and filing fees that will ensure the patents in the different countries are able to hold up and are within the regulations of the respective states.