International patent law: What you need to consider
International patent applications enable companies and inventors to legally protect their innovations worldwide. The PCT (Patent Cooperation Treaty) proceedings enable a centralised patent application for up to 157 countries. These efficient proceedings not only saves time and money, but also open up strategically important foreign markets.
In this guide, you will learn how international patent law works, including international patent applications, what costs are involved and what you need to bear in mind when planning your strategy.
International patent law and its significance
International patent law enables companies and inventors to protect their innovations worldwide. The PCT proceedings (Patent Cooperation Treaty) simplify the application process through a centralised proceedings. This not only reduces the administrative burden but also facilitates market access and the commercialisation of new technologies. International protection strengthens the competitive position and helps to effectively protect intellectual property against imitators.
What is the PCT proceedings?
The PCT proceedings do not lead to an international patent, but provides simplified application proceedings that applies in over 150 contracting states. With a single international application, inventors and companies can lay the foundations for patent protection in all participating countries simultaneously. The application is initially filed centrally before moving on to the so-called national phases, in which each country decides on patentability individually.
PCT Proceedings
The PCT proceedings are at the heart of international patent law. The PCT proceedings enable an efficient international patent application in two main phases: An international phase, in which a centralised search and assessment of prior art is carried out, and a national phase, in which the application is examined individually in the selected target countries:
International phase
- The international phase begins with the filing of the PCT application. This can be submitted to national or regional patent offices or directly to the WIPO (World Intellectual Property Organisation).
- During the international phase, which for most countries lasts 30 or 31 months from the filing date, an international search is carried out. The prior art is determined and an international search report is drawn up. This provides an initial assessment of the application's prospects of success.
- The search report and a preliminary assessment of patentability serve as a guide for the subsequent national examination proceedings. However, it is important to note that the results from the international phase are not binding for the national patent offices.
National phase
- After completion of the international phase, the application is divided into national or regional parts, each of which is examined by the relevant patent offices. Country-specific requirements must be met, such as the submission of translations and the appointment of national representatives.
- The costs and time required can vary considerably in the national phase, as each country has its own examination criteria and fee structures.
International patent law: The advantages
International patent law makes it possible to protect innovations efficiently in a large number of countries. It is a valuable instrument for coordinating patent protection globally and at the same time making well-founded decisions about patent protection in potential target markets. The PCT proceedings offers several advantages for applicants:
- Joint search: The international search provides you with an initial assessment of the prior art. This assessment helps you to take strategic decisions about the further course of the application.
- Strategic time advantage: The 30 to 31-month international phase gives you time to evaluate market opportunities, explore licensing options or attract (further) investors.
- Cost efficiency in the first step: The costs for an international application amount to around EUR 5,000 plus VAT on our fee. This is a comparatively manageable investment to prepare patent protection in such a larger number of countries. However, the total costs for the national phase should be taken into account in your IP strategy.
Strategic considerations before registration
International patent law is particularly suitable for companies that:
- strive for global market access,
- want to comprehensively assess the prior art, and
- want to save costs compared to individual national applications.
To maximise the benefits of the proceedings, you should carry out extensive prior art searches before filing your application. This reduces the risk of oppositions and improves the chances of a successful patent grant in the national phases.
Challenges and costs for international patent law
Despite the advantages mentioned above, the complexity of international patent law means that an international application requires considerable financial and strategic resources compared to a single national application.
High total costs: Between 5,000 and 20,000 euros are incurred per country in the national phase. These are made up of translations, official fees and representation costs.
Complex requirements: Almost all countries require complete translations and the appointment of local representatives. The different national examination standards also require careful preparation of the patent application.
Coordination of the proceedings: The individual examination leads to different assessments and procedural statuses in the respective countries. This requires well thought-out timing and management of the parallel national phases.
How an experienced patent attorney can support you
An experienced patent attorney is indispensable when it comes to meeting the complex requirements of international patent law. From the initial idea to the grant of the patent, we support you with sound legal expertise and strategic foresight. Particularly in an international context, personalised advice is crucial in order to check whether patent protection in several countries is sensible and economically viable for your invention.
A central aspect of legal support is conducting professional patent searches. By carefully analysing the prior art, potential conflicts with existing patents can be identified at an early stage. This minimises the risk of oppositions or even court proceedings and saves time and costs in the long term. Equally important is the continuous monitoring of relevant patent applications in order to keep an eye on the competition and protect your intellectual property.
Transparency takes centre stage: our experienced patent attorneys help you to clearly understand the costs and opportunities and to make well-founded decisions. With our support, you can optimally enforce your rights and successfully position your innovations on international markets.
Conclusion: Why international patent law makes sense
The PCT proceedings is an effective way of planning international patent protection efficiently and strategically. In particular, the joint search and the extended international phase offer valuable advantages for applicants who want to secure their innovations globally. Nevertheless, the process should be well prepared, in particular through an early prior art search and sound cost and resource planning.
Competent legal advice from experienced patent attorneys specialising in international patent law is indispensable. They can support you not only with the application, but also with the strategic planning and implementation of international patent protection.