International Patent Filing Process: A Complete Guide

In today’s globalized economy, inventions are no longer confined within national borders. Businesses, researchers, and innovators are increasingly looking to secure their intellectual property (IP) rights across multiple countries. This is where international patent filing comes into play. Protecting an invention internationally ensures that competitors in other countries cannot exploit or copy your innovation without authorization.

In this article, we will explain the international patent filing process, the options available, and the key steps to secure your invention worldwide.

Why File an International Patent?

A patent filed in one country typically protects the invention only within that country’s jurisdiction. If an inventor wants protection in multiple countries, they must seek patent rights in each target nation. International filing ensures:

• Global market protection – Prevents unauthorized use in multiple jurisdictions.
• Competitive edge – Builds stronger IP portfolios worldwide.
• Licensing opportunities – Attracts foreign investments and partnerships.
• Long-term business strategy – Essential for companies expanding internationally.

Two Main Routes for International Patent Filing

There is no single “worldwide patent” valid everywhere. However, there are structured international frameworks to simplify filing in multiple countries.

1. Paris Convention Route

The Paris Convention for the Protection of Industrial Property (1883) allows applicants to file in one member country and then claim the same priority date in other member countries within 12 months.

Process:

File a patent application in your home country.

Within 12 months, file separate applications in other Paris Convention countries, claiming the original filing date.

Advantage: Simple and direct process.

Disadvantage: Separate filings can be costly and time-consuming.

2. Patent Cooperation Treaty (PCT) Route

The PCT system, administered by WIPO (World Intellectual Property Organization), allows inventors to file a single international patent application that is recognized by over 150+ countries.

Key Steps in the PCT Process:

Filing the International Application

Submit a PCT application with your local patent office or directly to WIPO.

The application must be filed within 12 months of the first (priority) filing.

International Search Report (ISR)

An International Searching Authority (ISA) conducts a prior art search.

Provides an initial opinion on novelty, inventive step, and industrial applicability.

International Publication

After 18 months from the priority date, WIPO publishes the application.

This makes your invention visible to the global market and potential investors.

Optional International Preliminary Examination (IPEA)

Applicants may request further examination before entering national phases.

Provides more clarity on patentability.

National/Regional Phase Entry

By 30 or 31 months (depending on the country) from the priority date, the applicant must enter the national phase in each desired country or region (e.g., EPO for Europe).

Each country examines the application according to its laws before granting a patent.

Advantages of PCT Route:

Simplifies international filing through a single application.

Defers the high costs of national filings for up to 30/31 months.

Provides more time to assess commercial viability before investing in multiple countries.

Key Considerations Before International Filing

Costs: Filing fees, translation charges, and attorney fees vary widely.

Country Selection: File only in markets where protection is commercially useful.

Patentability Criteria: Each country has its own rules, though novelty and inventive step are common.

Deadlines: Missing the 12-month Paris Convention or 30/31-month PCT deadlines can lead to loss of rights.

International Patent Filing Timeline at a Glance

0 month → File first patent application (priority date).

12 months → File PCT application or Paris Convention applications.

16 months → Receive International Search Report (PCT).

18 months → Application published internationally.

22 months (optional) → File International Preliminary Examination request.

30/31 months → Enter national phase in chosen countries.

The international patent filing process may seem complex, but frameworks like the PCT system have made it more accessible for inventors worldwide. Whether you are a start-up aiming for global expansion or an established corporation protecting innovations across borders, international patent filing ensures that your ideas remain secure and commercially viable in the long run.