Legal Question in Intellectual Property in India

Re: Question about patent

Patents rights throughout the globe are restricted to the territory in which they are granted. Hence if you wish to acquire rights elsewhere, you will have to apply there.

One can apply through Paris Convention route [where the target countries are less - 2 0r 3] OR by the Patent Co-operation Treaty [PCT] route. PCT is much cheaper and offers you a buffer by deferring your payments. It is also an effective mechanism to receive an International Search report and then analyse whether your invention stands a chance in the International market. That is why it is a good idea to develop an International Patent Strategy.

Re: Question about patent

Dear inventor,

There is no universal patent regime that if you being granted the patent in any one county that will protect your invention all over the world. So if the inventor seeking to protect his invention more than one country then there are two way to follow:

1 file the patent application in each country or

2 file through PCT route

The Patent Cooperation Treaty or PCT is an international agreement for filing patent applications having effect in up to 117 countries.

Although the PCT system does not provide for the grant of an international patent, the system:

1 simplifies the process of filing patent applications

2 delays the expenses associated with applying for patent protection in other countries

3 and allows the inventor more time to assess the commercial viability of his/her invention.

Under the PCT, an inventor can file a single international patent application in one language with one patent office in order to simultaneously seek protection for an invention in up to 117 countries throughout the world.

The PCT facilitates the obtaining of protection for inventions where such protection is sought in any or all of the PCT Contracting Countries. It provides for the filing of one patent application (�the international application�), with effect in several countries, instead of filing several separate national and/or regional patent applications.

So you can opt to follow the PCT route.

Re: Question about patent

It is effective all over world.