1
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Continue in the U.K. alone. A choice must be made between formalising
the existing application, or filing a fresh application claiming priority
from the existing application. The first is the cheaper course and includes
the preparation and filing of monopoly claims and the payment of the
search fee. The second is more expensive and it too involves preparation
and filing of claims and payment of the search fee, but also includes
the addition of new developments of the invention since the first filing.
Such addition is not possible if the original application is just formalised.
Overseas patent applications
These
are normally filed 11-12 months after the filing date of an initial
UK patent application.
When considering overseas patent protection, two important aspects should be born in mind. First, patents protect your market in those countries in which you are likely to sell your products. Second, a patent in an industrial country represents an asset which can be capitalised even if you yourself have no intention of marketing your product in that country. In the latter case you might find a manufacturer who is interested in exploiting the invention in that country and either grant him a licence under the patent or sell the patent outright. By this means you could not only recover the cost of filing a patent application in that country but could also receive a worthwhile income from royalty payments and a profit on your initial investment.
Overseas patents are, however, not cheap. The cost varies widely from country to country, and is normally higher in countries which involve translation into a overseas language. The rough level of costs, and the timescales, are indicated in the graphs.
If you wish to protect your invention overseas, a separate application is usually necessary in each separate overseas country. In selected regions (e.g. Europe and parts of Eurasia, Africa and South America), it is possible to make a single application covering a number of countries (e.g. an EPC Application). The Patent Co-operation Treaty (PCT) provides a useful framework for handling multiple international patent applications and offers the advantage of deferring considerable expenditure until you have some idea of the strength of the application.
For lists of countries available under E.P.C. or P.C.T. applications follow the links.
When considering overseas patent protection, two important aspects should be born in mind. First, patents protect your market in those countries in which you are likely to sell your products. Second, a patent in an industrial country represents an asset which can be capitalised even if you yourself have no intention of marketing your product in that country. In the latter case you might find a manufacturer who is interested in exploiting the invention in that country and either grant him a licence under the patent or sell the patent outright. By this means you could not only recover the cost of filing a patent application in that country but could also receive a worthwhile income from royalty payments and a profit on your initial investment.
Overseas patents are, however, not cheap. The cost varies widely from country to country, and is normally higher in countries which involve translation into a overseas language. The rough level of costs, and the timescales, are indicated in the graphs.
If you wish to protect your invention overseas, a separate application is usually necessary in each separate overseas country. In selected regions (e.g. Europe and parts of Eurasia, Africa and South America), it is possible to make a single application covering a number of countries (e.g. an EPC Application). The Patent Co-operation Treaty (PCT) provides a useful framework for handling multiple international patent applications and offers the advantage of deferring considerable expenditure until you have some idea of the strength of the application.
For lists of countries available under E.P.C. or P.C.T. applications follow the links.
Most countries are members of an International Convention which provides
that the priority of the British filing date can be claimed for a corresponding
overseas application, provided it is filed within one year of the British
filing date. This may be important because disclosure of your invention
may have taken place since the filing of your British application. In
a few countries it may be possible to file a patent application later,
but this is exceptional, and you are strongly recommended to file within
the one year period. Please consult us before deciding to defer overseas
filings.
We now summarise the various options at this stage. Further considerable
costs will arise during the continuing procedures which may last a further
2-5 years (or even longer in some countries).
An advantage of the second course is that it defers the first renewal fee.
2 - File in the UK and also in any other foreign countries required. Costs depend on countries chosen and languages.
3 - Many European countries (including the UK) can be selected as part of a single European Patent Convention (E.P.C.) application. The single European application is processed towards grant of a patent, which must then be validated in each country and translated. There is a fee payable for each country in which the patent is validated.
4 - The above individual and/or group applications can be deferred for a maximum period of 18 months by filing a Patent Cooperation Treaty (P.C.T.) international application. This amounts to an option to make applications in foreign countries (as in 2 or 3 above) after the novelty and patentability has been assessed by the P.C.T. Office. Again, there is a fee payable for each state designated (an E.P.C. application counts as a single designation).