Foreign patents can be
obtained in a number of different ways depending on the countries
in which patent protection is required:
- By filing separate national patent applications in the
individual countries to be covered,
- By filing a European patent application, which can cover
any number of countries selected from those European countries
(including the United Kingdom) that are members of the European
Patent Convention,
- By filing an International patent application, which can
cover any number of countries selected from a worldwide
group of countries (including the United Kingdom) that are
members of the Patent Cooperation Treaty.
The filing of foreign patent applications may be delayed
for up to one year from the date of filing of an application
in the UK or, in some circumstances, for up to 18 months from
that date. If filed within a year, a foreign application can
effectively be backdated to the UK filing date. Its validity
will then not be affected by any public disclosure of the
invention which may have taken place between the filing of
the UK application and the subsequent foreign filing.
In most countries, patent applications are subjected to a
search and examination. The purpose of the search is to ascertain
whether there are any prior publications that affect the novelty
and patentability of the invention. When the application is
examined, an objection can be raised that the invention is
not patentable in the light of the disclosures in any such
publications. In that event, the applicant is given an opportunity
to argue against the objection or amend the application to
highlight those features of the invention which distinguish
it from the disclosures.
To avoid duplication of work and the expense that can be
entailed in dealing in this way with a number of separate
applications, a single European or International application
may be filed, depending on the countries required to be covered.
Only one search then needs to be made.
In the case of a European application, it is examined and,
when any objections have been overcome, a European patent
is granted. It is then necessary to register it individually
in those countries in which protection is required, including
providing translations where necessary, whereupon it becomes
a group of separate patents.
In the case of an International application, it may at the
applicant's option be examined at the initial stage. Alternatively,
it may be taken directly to the next stage, which is the filing
of individual applications in those countries where protection
is required, including the provision of translations as appropriate.
If the International application has not been examined initially,
each individual application is examined separately. Patents
are then granted on the individual applications.
Both the European and International patent systems have the
advantage of enabling applicants to delay deciding which countries
to cover, and thus committing themselves to substantial costs,
until they know what the chances are of obtaining patents
and they perhaps have a better idea of the commercial potential
of their invention. |
