Patent Attorney and Founder
Hi, I’m JD Houvener, the owner and founder of Bold Patents Law Firm, and the author of Bold Ideas: The Inventor’s Guide to Patents. You can check out my book below and grab a copy to better understand today’s patent laws.
Now, let’s talk about international patent protection. The key here is the World Intellectual Property Organization, or WIPO. They’ve teamed up with patent attorneys worldwide to form what’s called the Patent Cooperation Treaty (PCT). This treaty makes it easier for countries to rely on each other’s patent systems, especially when it comes to utility patents.
Here’s how it works in a nutshell. You start by choosing one country to serve as your International Search Authority (ISA). If you’re in the U.S., this is typically the U.S. Patent Office. The ISA will conduct a global search, which means there’s no need for duplicate research in different countries. This search is crucial for determining your international rights.
The key thing to know is that the PCT filing is not a single international application—it’s more like a placeholder. It helps set the stage for filing in other countries, but you still need to follow up with a National Phase filing in each country where you want protection.
There are over 180 countries you could choose from. You don’t have to file in every single one. Instead, select countries based on where you think your market is. If you want to commercialize your invention or license it out, you’ll need to think carefully about which countries are best for your product.
Once you’ve decided where you want to file, we can help you with your U.S. filing. Then, we’ll work with attorneys in the foreign countries to ensure your application meets their rules and is properly translated if needed. The beauty of the PCT system is that the international search report will be used by patent examiners in any country that’s part of the treaty—most countries you’re familiar with, like Australia, Canada, Japan, and those in the European Union, are members.
After submitting your application, the foreign patent office will conduct their own examination, but they’ll base their decision on the same search and the same set of standards—like novelty and non-obviousness—that the U.S. examiner used.
The big advantage of this is that you can rely on your earlier U.S. examination. If your U.S. patent gets approved, you can move forward with confidence knowing that other countries will likely follow the same examination results.
So, international protection works one country at a time. But with the PCT, you get more time and the benefit of one global search. This helps you make smarter, more informed decisions on where to invest your time and money.
Hope this helps! Feel free to reach out if you have questions, and remember—go big, go Bold!