Introduction

A granted UK patent can stop others making, selling or using your invention in the UK, but has no influence elsewhere.

If you plan to sell or license your invention abroad, you should consider protection abroad. If you don’t, anyone can legally make, use or sell your invention overseas.

Get advice

ObtainingIn some cases, permission to file a patent protectionapplication abroad ismay complicated,be sorequired.

Professional help

Because of the difficulties associated with obtaining patent protection abroad, you should consider seeking advice from a patent attorney or other professional adviser. Assistance in finding a patent attorney is available from the the Chartered Institute of Patent Attorneys (CIPA).

European patent protection

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NationalFiling patentsyour European patent application through us

We are a receiving office for European patents. You can getfile protectionone with us in individual3 countriesways:

• online filing
• by applyingpost

The application is allocated an European Patent (EP) number and filing date before being securely despatched to the nationalEPO.

Any officefees ofare eachforwarded countrydirectly to the EPO.

Visit the European Patent Office website for further information.

International patent protection

You can protect your invention in many international countries using the PCT.

A PCT application is initially processed as a single application. You maywill decidereceive an international search report and written opinion. Your application is published around 18 months from the earliest priority date. You then have to fileprocess anyour application atseparately in each country.

Using the PCT system has the following advantages:

• you get a nationalsingle officeinternational ifsearch report, which can reduce the administrative burden and costs
• in the early stages, you onlyprocess a single international application instead of multiple applications in multiple patent offices
• you do not have to designate which countries you want protection in auntil fewabout countries.
  30 months from the date you applied

You can claim priority from an existing patent application if you apply abroad within 12 months of your original application. Your later application will be treated as if you applied on the same date as the original application.

EuropeanPatent patentsCooperation Treaty

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The followinginternational processsearch isauthority applicablewill forcarry PCTout applications.

1. Receivinga ansearch internationaland searchprovide reportyou andwith writtenan opinion on the patentability of your invention.
2. Your They will publish your application isas publishedsoon aroundas possible after 18 months from the earliest priority date.
3. You

   After thenpublication haveyou aroundcan 30file monthsa afterrequest thefor datean international preliminary examination.

   The examination is optional, but it will give you applieddetailed toinformation decideabout whichthe countriespatentability of your invention.

   This should help you wantdecide protectionwhether into andpursue processthe thempatent separatelygranting procedure in each country.

4. of the contracting states in which you wish to get protection.

   You need to enter the ‘national phase’ in the countries where you hope to secure protection.protection before the expiry of a deadline. In the UK, this is 31 months from the priority date of your application. This usually requires the filing of a form, fee and, where necessary, a translation of the application.

5. Once granted in the individual contracting states, eachthe patent will provide protection in the same way as a national patent and will be subject to national law.

ThisYou optioncan istherefore suitableobtain ifa youUK needvalid protectionpatent invalid countriesby acrossfiling thean world.international Aapplication singleand internationalpursuing searchit reportthrough canto reducegrant administrativein burdenthe andnational costs.phase. ThisFor canPCT beapplications morefiled efficientfrom than1 applyingJanuary to2021 nationala officesUK separately.

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the UK.

Our Our PCT guide guide for private applicants provides provides further information.

PCT fees

A A PCT Fee Fee Sheet  and and information on the new new PCT fees fees are are also availableavailable.