ARE PATENT RIGHTS TERRITORIAL IN NATURE….THAT MEANS PATENTING IS JURISDICTION SPECIFIC !!
Patents are territorially restricted which means that they are “Jurisdiction specific”. FOR example patent for an innovation is filed in Singapore and not in INDIA.
ANY BUSINESS ENTITY IS FREE TO USE THE SAME PATENT TECHNOLOGY IN INDIA
For example if a patent is filed in India, it will provide IPR patent rights to the patentee in India only. Similarly if a patent is filed in US, America or any other country the exclusive IPR rights obtained through that patent will be restricted to that particular country only.
To get patent IPR protection in a given country like INDIA (BHARAT) YOU need to ultimately file for a patent for innovation in that specific country. Obtaining a single patent in each of the nearly 200 countries on earth could cost an estimated $1,000,000 for patent filing and patent issuance.
However, another $1,000,000 government fees to maintain the legal status of patent for its full term of 20 years from the date of first filing. That is beyond the budget allocation of funds. This is a BIG burden on independent GENIUS inventors worldwide to spend that much of money.
Even for most Fortune 100 corporations, especially when they consider that patents are applied to protect their intellectual research, having a proper worldwide patent strategy in place is need of the hour.
For proven commercial success of any technology a well defined worldwide patent strategy should be formulated by patent legal counsel. Prior to a product launching get your patent strategy.
Patent Cooperation Treaty (PCT) is an international IPR treaty which protects inventor’s invention simultaneously in multiple countries by filing a single international patent application.
However patent granting is under the control of the National or regional patent offices. Currently 152 members are the patent contracting states. Like the Common Application for colleges, PCT enables the inventor to file one international patent application that will be accepted by 152 countries throughout the world.
Procedure of filing a Patent Cooperation Treaty (PCT) application in India (BHARAT)
WHY FILE Patent Cooperation Treaty (PCT) application in India (BHARAT) ?
Patent Cooperation Treaty (PCT) is a simple, easy and cost-effective way to obtain patent protection. Patent Cooperation Treaty (PCT) patent filing in INDIA is better than Paris route patent filing. Via Patent Cooperation Treaty (PCT) patent filing route, the inventor can PROTECT multiple patent applications in multiple countries by buying time ( i.e. 28 – 31 months to file patents in one or more countries).
You can file PCT patent applications electronically online with any competent receiving offices which accepts such patent filings.
Patent cost and fees associated with patent filing and patent processing of an international patent application under PCT-
Three types of patent fees has to be paid by patent applicants when they file their international patent applications:
(a) an international patent filing fee of 1,330 Swiss francs,
(b) a patent search fee which can vary from approximately 150 to 2,000 Swiss francs depending on the ISA (International Searching Authority) selected, and
(c) a small transmittal fee which varies depending on the receiving Office.
Note: Some Countries are not members of PCT Patent Cooperation Treaty (PCT) patent application
PCT has been around since 1970 and indeed it covers 154 countries. But there are a lot of countries in the world and PCT does not work everywhere. Although it is possible to obtain patent protection in nearly every country in the world, the cost of doing so would likely be prohibitive. Inventors and potential patent holders typically seek protection in the countries with the most economic activity focusing on specific regions. For example, if an inventor is from India, he/she will seek protection in Asian countries first. For Bangladesh, Bhutan, Nepal, Pakistan, Afghanistan, Myanmar, Maldives patent protection through PCT is not available.
Paris Convention is available as an alternative to PCT for countries like Nepal, Pakistan, Bangladesh and Bhutan, in which you can directly file patent applications within 12 months in all the countries in which you would like to protect your invention having filed your patent application in a Paris Convention country. Paris Convention gives you the benefit in all those countries of claiming the filing date of the first application.
Paris Convention is available as an alternative to PCT for countries like Nepal, Pakistan, Bangladesh and Bhutan, in which you can directly file patent applications within 12 months in all the countries
For countries like Afghanistan, Myanmar and Maldives, no patent laws are in force and thus an inventor cannot get a patent in these countries.
What factors should be considered while selecting an International Search Authority (ISA)?
Once a Patent Cooperation Treaty (PCT) application is filed, an International Search Authority (ISA) performs a search of the prior art, and provides the results to the patent applicant in the form of an International Search Report (ISR) which is an important part of the PCT patent procedure.
Every Receiving Office allows patent applicants to choose one ISA and there are presently 15 ISAs. Most patent applicants worldwide prefer to choose is their local patent office, if it’s available as an ISA.
Patent applicant should always consider the advantages and disadvantages of all the ISAs before choosing one.
Cost – Cost is a critical parameter while choosing an International Search authority. When EPO is selected as ISA, for example, has a search fee of US$ 2,419 (as of early September 2013). The USPTO charges US$2,080. KIPO charges $1,167, whereas the Rospatent charges $217.
Quality- In an Intellectual Property (IP) trend survey it was found that European Patent Office has the best quality patent searches followed by Korean Patent Office and USPTO comes next on the quality scale. The quality of the patent report is important because the patent research report enables you to evaluate your chances of obtaining patents in PCT Contracting States and it will assist you in the further processing of your patent application.
Speed- Every International Search authority (ISA) takes its own time for carrying out prior art patent search and to prepare International Search Report (ISR). You might get lucky and get a really fast search, or you could be waiting a very long time indeed depending upon your choice of ISA 🙂