International Patents

There is no such thing as a single worldwide patent. Instead, patents are granted on a national (or regional) basis. This can mean a lot of paperwork and admin headaches. Unless you’ve got our team ready to help, that is.

Get the right protection, in the right place

To get protection outside the UK, you first need to submit your patent application in a priority country. You then get one year from filing this first patent application to file it elsewhere. After this, you can “claim priority” to the original application, and the new (overseas) application is backdated to the original filing date (known as the “priority date”). So, for example, I can file in the UK today, and when I get to filing a US patent application in 12 months, it is “backdated” to my UK filing date.

In terms of international protection, there are two application routes available. Depending on where you would like protection and how quickly, you could opt for:

  1. A "national route" in which applications would be filed in each country or region of interest by the 12-month deadline (as set out above). This approach is faster but involves committing to the countries you are interested in earlier and involves a significant upfront investment

  2. An "international route" which involves filing an "international patent application" or "PCT" application*. This is essentially a pending application for over 150 countries. Although it is never granted as an "international patent" (there is no such thing), the applicant eventually selects the countries they would like to proceed with. They are each examined and granted under national law. This approach is slightly slower, but keeps your options open and defers costs to around two and a half years from the priority date

Many of our clients take the international route, but we always help our clients choose the best approach for their commercial needs and financial position.

When we get to the stage where protection outside Europe is needed, we have a trusted network of overseas attorneys who can help us. We choose attorneys who are like us - they offer good advice, are responsive and offer fair, transparent fees.

*It is worth noting that the PCT system has many other features and benefits. For example, you can “front load” the examination of the patent application before it enters the individual countries. Again, we will recommend what is best for you.