What is an International Patent? Everything You Need to Know

For companies aiming to enhance their global competitiveness and protect innovative ideas and products, international patents are a crucial tool. International patents allow businesses to secure intellectual property rights in multiple countries, protecting their technological innovations, expanding market share, and boosting their global presence.

What is an International Patent?

An international patent refers to the process of seeking recognition for a patent in countries outside the one in which it was originally filed. Contrary to common belief, there is no single "international patent" that is effective worldwide. Instead, businesses can use mechanisms that enable patent protection across multiple countries.

The primary methods to secure international patent protection include

• Patent Cooperation Treaty (PCT):
  The PCT allows applicants to file a single patent application to seek protection in multiple member countries. This simplifies the process of filing patents in several countries by consolidating the initial steps.
• Paris Convention:
  Under the Paris Convention, applicants can file patents directly with individual national patent offices. This method is appropriate for those seeking protection in specific countries and involves complying with the patent laws of each targeted country.

The Patent Cooperation Treaty (PCT)

The PCT offers several advantages for companies aiming to protect their patents globally. Here’s how it works:

Steps in the PCT Process:

1. Domestic Filing:
   Before filing under the PCT, applicants must first file a patent in their home country. The filing date of this domestic application serves as the "priority date."
2. PCT International Filing:
   Submit a PCT application to the World Intellectual Property Organization (WIPO) or the applicant’s national patent office.
3. International Search:
   An International Searching Authority (ISA) evaluates the patentability of the invention and issues an International Search Report (ISR). This report provides preliminary feedback on the novelty and inventive step of the application.
4. Optional International Examination:
   Applicants can request an additional examination to gain more detailed insights into the patent’s viability.
5. National Phase Entry:
   Within 30 months from the priority date, applicants must enter the "national phase" by filing the application with individual national patent offices. Each country then examines the application according to its laws.

Advantages of the PCT:

• Time Management:
  Applicants have up to 30 months to decide which countries to pursue, allowing ample time for market research and strategy planning.
• Cost Efficiency:
  A single international application reduces the initial administrative burden and costs associated with multiple filings.
• Strategic Flexibility:
  The international search and examination reports provide valuable insights, enabling applicants to make informed decisions about pursuing patents in specific countries.

The Paris Convention Approach

The Paris Convention provides an alternative route for securing international patents. Under this system, applicants file separate patent applications with each country’s patent office.

Steps in the Paris Convention Process:

1. Filing in National Offices:
   Submit applications to the patent offices of the countries where protection is desired. Applications must comply with the language, format, and procedural requirements of each country.
2. Examination Process:
   Each country’s patent office evaluates the application under its laws and guidelines.
3. Registration and Maintenance:
   Upon approval, the patent must be registered, and maintenance fees must be paid regularly to retain protection. Fee amounts and schedules vary by country.

Advantages of the Paris Convention:

• Selective Protection:
  Ideal for companies targeting specific markets rather than seeking broad global protection.
• Tailored Strategies:
  Applications are assessed individually based on each country’s legal standards, allowing for customized protection strategies.

Key Considerations for International Patents

When filing for international patents, companies should keep the following in mind:

1. Costs:
   Filing applications in multiple countries involves fees for filing, examination, and maintenance. Strategic planning is essential to manage these costs effectively.
2. Understanding Local Laws:
   Patent laws differ between countries, making it crucial to understand the requirements of each target market.
3. Time Requirements:
   The international patent process can be lengthy. For example, the PCT process allows up to 30 months for national phase entry, during which applicants must prepare for additional procedural steps.

Strategies for Successful International Patents

1. Market Research and Strategic Planning:
   Identify target markets based on their potential for revenue and competition. This helps prioritize countries for patent protection.
2. Leverage Expertise:
   Engage patent attorneys or law firms with expertise in international filings to navigate the complexities of local laws and requirements.
3. Active Enforcement:
   Establish monitoring systems to identify and respond to potential infringements, ensuring robust protection of intellectual property rights.

Support Programs for SMEs

For small and medium-sized enterprises (SMEs), the cost and complexity of international patents can be significant challenges. Fortunately, several support programs are available to ease this burden:

Innovation Voucher Program

• Funding: Up to KRW 15 million (with 15–25% co-payment by the applicant).
• Purpose: Supports international patent filing expenses.
• Eligibility: SMEs in Korea; details for the 2025 program will be announced in December 2024.

Export Voucher Program

• Funding: Up to KRW 50 million for Ministry of Trade, Industry, and Energy programs and up to KRW 30 million for Ministry of SMEs and Startups programs (30% co-payment).
• Purpose: Helps SMEs prepare for export by covering costs related to patent filings and market entry.

IP Center Support Programs

• Examples:
  • IP Direct Support Program: Covers domestic and international filing costs.
  • IP-Based Overseas Expansion Support Program: Offers up to KRW 70 million for overseas filings.

Pine IP’s Comprehensive Services

At Pine IP, we specialize in providing expert guidance and filing services for international patents. Our tailored solutions help SMEs and corporations protect their innovative ideas in global markets while reducing costs through various support programs.

Frequently Asked Questions

1. What is the difference between the Paris Convention and the PCT?
   The Paris Convention allows individual applications in multiple countries within 12 months of the initial filing, while the PCT consolidates the process with a single international application and extends the timeline for entering national phases.
2. How can I protect my invention in multiple countries?
   You can either file individual applications with national offices or file a single PCT application and enter national phases later.
3. What are the key benefits of international patent applications?
   International applications simplify the process, save time and costs, and ensure comprehensive protection across multiple jurisdictions.
4. Which method is more cost-effective, Paris Convention or PCT?
   The choice depends on the scope of protection. For broad coverage, the PCT is typically more efficient, while the Paris Convention is cost-effective for targeted markets.
5. Where can I file a PCT application?
   PCT applications can be filed with your national patent office, WIPO, or regional patent offices.

For further assistance with international patents or inquiries about government support programs, contact Pine IP today. Let us help you safeguard your innovations and expand your global reach efficiently.