Patenting is very complex and involves multiple stages, and the complexity increases when we try to file a patent in multiple regions or countries. In 2024–25, India granted around 26,000 patents out of 78,000 applications, meaning nearly 67% were rejected or not granted, mainly due to non-eligibility, lack of novelty, or poor documentation. To deal with patent eligibility in different countries, you need to plan and be smart about your approach. Since each country has its own rules for what can be patented, it’s important to understand those differences. Using international systems like the Patent Cooperation Treaty (PCT) can help you file in multiple places more easily. It’s also key to do a detailed check for existing similar inventions (prior art) and adjust your patent claims to match the rules of each country. This way, you increase your chances of getting approval across different regions. So, this article will give you detailed information about how to tackle patent eligibility issues across multiple jurisdictions.
Basic criteria for every patent:
For any invention to be granted a patent, it must meet three basic criteria—novelty, inventive step (non-obviousness), and industrial applicability, which together define its patentability.
Novelty
As simple as this: a product must be novel, meaning it should be completely new and not similar to anything already available in the market.
Non-obviousness
Non-obviousness means the product should not be easily predictable or obvious to someone skilled in that field it must show a clear step of innovation beyond existing ideas.
Industrial applicability
This means the product should be useful—it must solve a real problem that people face in everyday life, like a health issue, an education gap, or a transportation challenge.
Most of the patents get rejected because they lack these three features, but still, there are other reasons too that remain to be understood.
Insufficient or Incomplete Disclosure:
If your invention is not well drafted or you have not clearly disclosed all the necessary information, and the application contains errors or missing details, your patent is likely to be rejected or canceled.
Ambiguous or Overly Broad Claims:
If your patent claims are not clear, it means you haven’t properly explained what your invention actually does or covers. When the language is too vague or tries to cover too much—more than what you’ve really invented—it creates confusion. This makes it easy for others to challenge your patent, and it might even get rejected. A good patent should clearly describe what’s new and how it works, without trying to claim things beyond that.
Wrongful Ownership or Authorship:
If the actual inventor is not correctly mentioned or there’s a fight over who owns the invention, the patent can be cancelled. Giving proper credit is very important.
Prior Use or Public Disclosure Before Filing:
If the invention was already publicly used, shown, or discussed before filing the patent, it may be canceled.
Fraud or Misrepresentation:
If the applicant provided false information or deliberately hid important facts during the application process.
Violation of Law or Public Morality:
Inventions promoting illegal activities or harmful effects may be canceled for being against the public interest.
Ways to Get a Patent in Multiple Jurisdictions
Understand Different Laws:
Each country has its own rules for what can and cannot be patented. Some countries have very strict patent laws, while others are more flexible, so it’s important to study the specific requirements of each jurisdiction before applying.
Use an International Framework:
There are global systems that make it easier to apply for patents in multiple countries with just one application. For example, the Patent Cooperation Treaty (PCT) lets you file once and later choose the countries where you want protection. If you’re focusing on Europe, the European Patent Convention (EPC) is another good option—it allows you to apply for a patent that covers many European countries in a single step.
Claim Drafting and Strategy:
When drafting patent claims, it’s a good idea to start with broad claims to cover more ground, but be prepared to narrow them later based on the specific requirements of each country. Highlight the key technical features of your invention that are more likely to be accepted in different jurisdictions. Clearly explain the problem your invention solves and how it provides a technical solution—this can strengthen your case for getting a patent. Also, focus on the practical use of your invention, especially in countries that don’t allow patents for abstract or theoretical ideas.
Freedom to Operate (FTO) Analysis:
Before launching your product in a new country, it’s important to do an FTO search to check if your invention might infringe on any existing patents there. This helps you avoid legal trouble. If you find any risks, you can take steps like modifying your product, getting a license for the existing patent, or talking to a legal expert to handle the issue. This way, you can safely enter the market without violating others’ rights.
Enforcement and Maintenance:
To protect your patent rights in different countries, it’s important to have local legal experts who understand the rules and can help with enforcement or renewal processes. Also, keep a regular check on your patents to spot any possible infringement. If someone is using your invention without permission, take the necessary steps to defend your rights and maintain your patent’s value.
Conclusion:
Getting a patent in multiple countries can be challenging, but with the right strategy, it’s possible. Understanding each country’s rules, using international systems like the PCT Filing, drafting clear claims, and doing proper checks can greatly improve your chances. With careful planning and regular monitoring, you can protect your invention and grow your presence globally.