Patracode is constantly engaged in filing application from India to abroad and vice- versa. This also means keeping a constant contact with the respective office in US, EP, JP, and other regional office elsewhere, where ever opportunities takes us. Which gives us and edge over keeping things updated with the Regional Office along with the filing status and the regular changes in formalities, rules and regulations.
Patracode guides and helps its client to go across borders and achieve protection to their ideas and credibility. The most important question is to, why to file and application abroad? The patent is enforceable only in a country where an application of patent is applied to and granted. This means, if we require multi-country protection, we need to file in multi countries. Subsequent question is how to file in multiple countries.
First of the regulation of each countries are different and then establishing communication with each countries office is difficult due to language and time differences, as well as distances. Hence, we help our clients to file the applicants in different jurisdiction with the help of strong network of our associates and partners in different countries.
To file application internationally, we take care to help our clients to choose between two available routes to file the application as mentioned below:
Patent Cooperation Treaty (PCT) route:
Through this route we can file application in 145 countries who are parties to this international covenant. To take advantage of this route, firstly the applicant has to enter International Phase by filing an International application at World Intellectual Property Organization (WIPO). The application can be filed with India as receiving office or directly at WIPO. This application is never granted and has just procedural significance.
This application is mandatory for the subject of Patent search; however examination is optional as per requirements of an applicant and by filing a separate request for the same. Getting a positive examination report has significance for some countries where the application can directly be granted by supplying this examination report, and the particular office grants the application considering this report.
Another importance of this report is done much earlier with respect to other applications which are applied for grant in specific jurisdiction, hence a positive report increase commercial prospect of the invention and technology based on the Invention. After 30/31 months of the priority application filing, the International application is to move into National phase of each country where the applicant seeks for the protection. This is enabled by filing National Phase application, which we help our clients to file with support of our strong associate networks.
Paris Convention route:
In cases, the applicant is financially viable, or has a need to file in 1-3 countries more beyond Indian filing or requires filing in a country which is not part of PCT, the suggested route is Paris convention route. In this case, the application for foreign jurisdiction is to be filed within 12 months of the earliest priority application.
Here also, we support in filing for multi-country through our partners in various jurisdictions. In some cases, as per commercial requirements of an applicant, we strategize for filing through both the suggested international routes. Each case has different requirements, and accordingly we develop a patent filing strategies for our clients.
Patracode finally is a summary helps client to come across the following events with the least possible labor or effort needed from the client Direct filing, filing under Paris Convention, International filing under PCT, searching by International Search Authority, examination by International Preliminary Examination Authority, Transmittal Fee for RO/IN , Written Opinion of Search Authority (WOSA) after ISA is conducted and Office Action as reply is duly filed and Publication by WIPO, and National Phase filings and prosecutions under PCT.