Posts in Patent Basics

With most provisional patent applications the 80-20 rule applies. To get to 80% complete it takes 20% of the time and the final 20% will take 80% of the time. Thus, the approach to provisional patent applications is to make sure you have all the disclosure we need later when we will prepare the nonprovisional patent application. This can include attaching one or more supplemental documents to a drafted provisional patent application, it can and usually does include filing many drawings, sketches and even photographs.

The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated as an initial application for patent in any Member Country. This single, uniform patent application is what is referred to as the international application. Filing an international patent application to start the patent process can frequently be a wise move if you are contemplating securing patent rights in multiple countries. It is, however, important to understand that obtaining international patent protection is not cheap. It is also important to understand that the international patent application you file will not mature into an international patent.

A PCT application doesn’t automatically lead to global patent protection. Instead, you eventually need to apply for patents in each of the countries and regions where you wish to pursue patent protection. This involves filing separate applications at the “national stage”, which occurs 30 months (31 months in some countries) after the priority application’s filing date.