First, let’s make it clear that there is technically no “international patent” which will give you patent rights in every country in the world so that you can stop anyone in any country from making your invention. The term “international patent” is often used to describe the PCT patent application and while filing such a PCT international patent application will get you started in getting a patent in 157 countries, you must eventually still get independent patent approval in each county you want a patent in. Each country has their own patent office, and you must get approval from each country individually. Let’s learn how.

Key Points:

1. There is no such thing as a single international patent that gives you patent rights in every country around the world.
2. A PCT international patent application gets your patent application filed to 157 countries, but you still need to later pay each country to review your patent application.

Every Country Has Their Own Patent Office

Each country has their own patent office with slightly different patent laws. To get a patent in a foreign country, you must file a patent application in that foreign country. There is no way around this. If you want a patent in Canada, China, and Australia, for example, you need 3 patent applications, one in each country. Often, if you can convince one country to give you a patent, you are likely to get a patent in the other countries you apply for as well, but not always. It’s possible that Canada approves your patent but China doesn’t, since the patent examiners at each country are different and it is up to each country to decide whether they think you deserve a patent, based on their own patent laws.

A PCT International Patent Application Applies for a Patent in 157 Countries

There are two main stages in the PCT international patent application process.

1. File the PCT patent application
2. Tell the countries you want a patent in to proceed with your patent application

Step 1: File the PCT International Patent Application

Step 1 is to file the PCT patent application. Once it is filed, the patent application is sent to 157 countries that are part of the PCT organization. Great, you got your foot in the door with 157 countries. But you are not done yet. Before the PCT expires, you need to tell each country of the 157 countries to proceed with your patent application. Go to step 2.

Step 2: Tell certain countries to proceed with your patent application

Step 2 is to tell the countries out of the 157 you want them to actually proceed with your patent application. You must do this before your PCT expires. The PCT expires after 30 months for most countries. The 30 months is calculated from any previous patent application your PCT is linked to. For example, if you filed a US provisional patent application first, then you filed a PCT before the provisional expired, the PCT’s 30 months is calculated from the provisional’s filing date not the PCT’s filing date. How long a PCT lasts for can be an article in itself. If you aren’t sure when your PCT expires, confirm with your patent attorney or agent because you don’t want to miss that PCT expiration.

Before your PCT expires, you need to ask each country of the 157 to proceed with your patent application. In other words, you filed the PCT which got your application in the door to 157 countries, but these countries want you to tell them next you actually want to proceed. Put another way, filing a PCT is essentially saying to 157 countries, “Hey guys, let me put my patent application with your office for now and save my place in line. I’ll get back to you soon and let you know if I actually want to proceed.” Before the PCT expires, you need to tell those countries which you actually want to pursue a patent in to proceed with the patent application. In patent terms, we call this “entering national phase”. You previously have a PCT filed to get your foot in the door, now you want to “enter national phase” by formally proceeding with the countries you want to pursue a patent in.

Let’s do an example:

• Jan 1 2020: You file a US provisional patent application which will expire Jan 1 2021
• Jan 1 2021: Before your US provisional patent application expires, you file a PCT which “claims” the date of your US provisional patent application. In other words, the PCT will inherit the Jan 1 2020 date of your provisional patent application.
  • The PCT will expire July 1 2022, 30 months from the provisional filing date of Jan 1 2020.
• July 1 2022: Before your PCT expires, you tell Canada, China, and Australia, for example, that you want to formally proceed with a patent application in these countries. You pay each country a fee to “enter national stage”.
• The Canada, China, and Australia patent offices each individually review your patent application and determine if they will grant you a patent. The patent application in each country gets to inherit the US provisional patent application Jan 1, 2020 date because you filed a PCT before your US provisional expired, and you filed apps in Canada, China, and Australia before the PCT expired. The chain is complete.

So you see, the PCT international patent application is more like a time saver. It buys you more time to file patent applications in each country you want to file in later. Even after you filed the PCT, you still needed to take that PCT and proceed with a filing with fees in Canada, China, and Australia individually. That is why there is no worldwide patent that can give you rights in every country. You need to eventually still apply in each country you want a patent in. The PCT just buys you more time to do so.

It can cost around $3,000 to $10,000 to apply in just one country you want to pursue, and you have to apply in every country you want before your PCT expires. So, most inventors need to pick a select number of countries and raise funds. Each country’s fees are different and countries that require translation to their local language will cause the cost to file to increase. There is no getting around the requirement that you must eventually pay each country to look at your patent application. However, filing a PCT will preserve your place in line until you have the funds and confidence to proceed with a patent application in each country. With a PCT, you are saying, “Hold up, 157 countries, I am thinking of eventually asking for a patent in all of your patent offices. Save my place in line. Don’t let me lose the ability to get a patent. I’m still thinking.” That’s the PCT. Then, before the PCT expires, you’ll say, “OK, I’m ready now. Based on my budget and where I think my invention will do well, I want to ask Canada, China, and Australia to look at my patent application now.”

See also: PCT Patent Application Articles