Filing for patent protection can be an expensive, time-consuming and difficult process for would-be inventors. If you're planning to sell your invention in another country, you may decide to file for international protection through the United States Patent and Trademark Office and the Patent Cooperation Treaty. However, before you expend time and resources on an application, decide first if you really need international protection.
Why Filing Makes Sense
Filing for international patent protection makes sense if your invention works, is unique and is new. Keep in mind that if your invention is still in the idea or planning stages, filing for international protection is probably premature. Only commercially marketable inventions -- in other words, an invention that's going to make you money -- should be considered for an international patent. However, be sure to research the market's existing patents before spending money and time on an international application. However, if it meets all of these guidelines, your invention will be protected against imitation for a predetermined period of time.
Product Life Cycle and Patent Approval
Inventors should consider life cycle of their inventions before attempting to secure an international patent, because several years may pass before the patent is granted. Some regions, such as Asia and Europe, have well-established patent systems and controls that will grant and enforce patents. However, other regions where the principles of private ownership principles aren't very strong may not afford inventors the same protection. Are you willing to bankroll a lawsuit in a country with a weak patent enforcement system? If not, securing a patent may be a waste of time and money.
Manufacturing Focus
A popular strategy for large companies, especially pharmaceutical companies, is to file for protection in the country where the invention is produced. For example, India is home to many generic drug manufacturing facilities; a company that receives protection there ensures that the invention is safe from imitation. In the event that the patent holder needs to file an international suit, filing where the drug is made is cheaper and easier than filing in the countries where the invention is sold.
Deferring Costs
The Patent Cooperation Treaty allows an inventor to seek protection from many countries at once. American inventors must file an international application through the United States Patent and Trademark Office. The major advantage of filing the PCT is that the costs of applying can be deferred for 18 months, because the inventor can wait that long to decide which countries need protection. The fee, which ranges from $3,000 to $4,000, also includes a patent search, which permits the inventor to research existing international patents to ensure that his own invention is unique.
