Q: I want to file an international patent; what are specific procedures and requirements?
A: There is not really an international patent. There is a process to file a patent application which serves as the front end for the patent application systems for 152 countries or regions http://www.wipo.int/pct/en/pct_contracting_states.html. This is a Patent Cooperation Treaty Application (PCT). People sometimes call this an international patent but that is not accurate.
You can file a utility application here in the US and then file your PCT application within 12 months of that filing. Or you can file the PCT application first and then file later in the US claiming priority to the PCT application. Either way, you will need to enter into particular countries by 30 months into the process (for most countries). It is expensive to start paying money for translations and filing fees in various countries so it is good to get an idea early on whether your idea is likely to be granted as a patent. It is not a good use of money to file a dozen patent applications around the world and come up 0 for 12.
I have some additional overview material at https://www.flynniplaw.com/services/legal-services/patent-cooperation-treaty-applications.
The PCT process is regulated by the international treaty, the rules, and administrative instructions. You can find links to this material here -- http://www.wipo.int/pct/en/.
This is not an easy item to do on your own but that is your call.
I hope this helps.
Kevin E Flynn
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.