This is the most advisable international protection route. The requested Patent in accordance with the PCT, Patent Cooperation Treaty of which the majority of the countries of the world are signatories.
It was signed in Washington, does not grant an International Patent but provides an international application with the possibility of obtaining both national Patents as well as titles in the member States of the PCT.
Other advantages offered are:
- Possibility of including a vast number of countries in a single application.
- Possibility of submitting an application in Spanish, therefore saving on translation costs.
- Simplified administrative process.
- Extend the national priority of rights to 31 months (national and direct European patents only have 12 months). In this time the Patent’s possibilities can be evaluated more precisely, both technically and commercially.
- The International Search Report provides the applicant with the information regarding the state of the art of the patent, against which the novelty and inventive activity of the invention shall be judged and therefore if this state of the art turns out to be anticipatory, you can cancel your application before incurring costs for the national and/or regional phases.
- Deferment (up to 30/31 months commencing with the priority) of considerable costs for the national and/or regional phases which is an interesting option in cases where the feasibility of an invention is yet to be established in technical, economic and/or commercial terms.
Within two months of the application of a Patent in Spain, the applicant must analyse the advantages of extending the rights granted with the application internationally, claiming priority rights for the invention abroad, as otherwise this Patent would only be exclusive in Spain, automatically becoming “public domain” in any other country.
If the operating perspectives of the Patent are exclusively limited to Europe, the international protection can be directly requested in Spain for all the member countries of the European Patent Convention through a European Patent application.
The following countries are members of the European Patent:
- United Kingdom
- Czech Republic
- San Marino
- Bosnia and Herzegovina
Once the Patent has been granted by the European Organization, the latter allows three months to validate the Patent in each of the aforementioned countries of interest; this procedure involves additional expenses for each country in which the claim is made.
The Euro-PCT is a European Patent deriving from a PCT (regional European phase of a PCT).It protects the same countries as a direct European Patent application and it grants the same protection.
An application for a Euro-PCT European Patent is also studied by the European Patent Office, an organization which makes the final decision of whether to grant it or deny it.
The rest of the phases of the procedure (validations and yearly fees) are exactly the same as the direct European Patent application.
There is a third protection route applicable when the countries in which you wish to extend the protection are not countries that are signatories to the PCT Treaty, neither do they belong to the European Community, which is the case, for example, of the majority of countries in central and South America.
In this case, national patents are directly applied for, claiming the priority rights of a Spanish application.
Also, as the company has been specializing in Industrial Property since 1926, it has agents all around the world and is therefore able to carry out objections or perform any other procedures in the designated countries as required for the appropriate management of our clients’ Industrial Property.