How National Phase Patent Filing Secures Your Invention Worldwide
Introduction
Patenting is a very complex process where international jurisdictions are involved. The most significant step of the process is national phase patent filing. The national phase is a milestone for inventors and companies who wish to preserve their intellectual property globally. This article will guide you through the national phase patent filing process, why you should do it, the process, and give you some tips on how to ensure your patent application is a success. We will also include some FAQs to break some myths.
• What is the National Phase in Patent Filing?
The national phase is the second phase of the international patent process that one undergoes after the filing of the PCT (Patent Cooperation Treaty) application. In the PCT system, inventors submit a single international patent application, and nations search the same. Following the international phase, however, an applicant must undergo the national phase in order to be protected in nations individually.
That is, the national phase is when an applicant takes his or her PCT application and goes ahead and files for a patent in a few countries. This is important because the applicant makes his or her decision regarding which countries he or she would like his invention to be protected in.
• Why Is the National Phase Important?
The national phase is important for a number of reasons:
- Preservation of the Patent in the Region: Once the applicant makes an entry into the national phase, they can have their patent application serviced for all the regions in which they desire.
- Grant of the Patent Right: In case the applicant does not make an entry into the national phase, their PCT application will automatically lapse, and they will not be able to obtain any granted patent right anywhere.
- Strategic Business Advantage: Foreign patenting broadens the scope of enforcing the rights of the patent over business rivals. It is essential for businesses to have a competitive edge in the global business market.
The national phase patent filing is also time-consuming and varies in procedure and regulation from nation to nation. Everywhere, the process is the same.
• Below is a step-by-step process on how to file a national phase patent.
- Verification of PCT Filing Was Made: Prior to the national filing, the applicant must file an international patent application via the PCT system. The PCT filing must be done within 12 months from filing the original application (a regional or a national patent application).
- Determination of Target Countries:
One of the initial steps you take to proceed with the national phase is to decide in which countries or jurisdictions you will obtain patent protection. Among the most important factors to consider while choosing countries are:
- Market significance: Select those countries where you will market or sell the product.
- Strength of patent protection: Patent protection is much more robust in some countries owing to their robust systems of law.
- Cost: Patent cost in various nations is very varied.
Generally, protection of a patent is lodged by applicants in the big economies of the United States, Europe, China, Japan, and other big economies. The majority of applicants also lodge protection of inventions for growing economies.
3. File the National Phase Request
After selecting target countries, you will be expected to file a national phase request in each country. Each nation or region files the filing differently. Generally, you are required to file:
- A copy of the PCT application and international phase amendments, if needed.
- Translation of the PCT application into official country or jurisdiction language(s).
- Filing fees, which differ from country to country.
File such filings within the 30-month time limit of the date of priority. In some jurisdictions, there are time extensions to up to 31 months, yet it is best to file inside the 30-month time period.
4. Comply With Local Requirements
Each country shall have filing requirements in the national phase. Among the common ones may be:
- Translation: A few nations, like Japan or China, will need the PCT application translated into the language of the nation. Engage the services of a professional translator to avoid any errors.
- Filing Fees: Patent filing fees vary from state to state and can be very costly. Research them and plan for them, like the filing fee, search fee, and maintenance fee.
- Power of Attorney: In certain nations, you will be asked to appoint a local patent attorney as your agent. You might be asked to sign a power of attorney document so that your agent can represent you.
5. Pay the Required Fees
National phase filing will involve paying fees. These can be:
- National Filing Fees: The minimum fee to file your patent application in each nation.
- Fees for translation: In some countries, the PCT application should be translated into the national language.
- Search fees: Some countries, including the United States, have search fees in addition to filing fees.
Don’t forget the fees and record payments made in every country.
6. Wait for the Process of Examination
After submitting your application, the relevant patent office will examine your application. During the examination process, the patent examiner will assess whether your invention meets the requirements for patentability in that jurisdiction. This may include:
- Novelty: The invention must be new and not publicly disclosed.
- Inventive Step: The invention must not be obvious to someone skilled in the relevant field.
- Industrial Utility: The patent should be of industrial utility and industrially producible or of industrial use.
The examiner may also bring objections in some cases, and you may be required to resubmit after changes or adding supporting arguments.
7. Patent Grant
If the patent office is confident that your invention qualifies, the patent will be issued within their jurisdiction. You will have sole claim to the invention, with the implication being you can prohibit others from producing, using, or selling your invention within the country for a time period (usually 20 years).
8. Protect Your Patent
Once your patent has been granted, you will be required to pay maintenance fees every year to keep it in force. These are normally remitted to the national patent office and are country-specific. Failure to pay the maintenance fees can result in you losing rights under the patent.
Tips for a Successful National Phase Filing
- Be Mindful of Deaddiction: You are not able to negotiate the 30-month deadline, and failure to comply will result in abandonment of your foreign patent application. Make arrangements for timely filing or apply for any extensions available.
- Select Suitable Countries: Select the countries where you would like to file with care. You need to weigh cost against market opportunity in each country.
- Work with an Experienced Patent Attorney: Since filing abroad is now complicated because of complexity, I recommend that you work with an experienced patent attorney in every country where you file. They are most capable of advising you on strange legal practices as well as guiding you away from expensive mistakes.
- Budget Costs: Foreign patenting can be costly. Budget translation costs, patent fees, and maintenance fees and take into account the cost of long-term foreign patent protection.
Conclusion
Filing a patent in the national phase is an important step towards getting your invention patented worldwide. If you steer through in the proper manner and shape the countries wherein you require protection with care, you can attain optimal utility of your patent along with protecting your intellectual property. It is a complicated as well as time-consuming process, and hence the support of professional services along with the timely fulfilment of deadlines are needed. The advantages of patent protection far exceed the costs, particularly if you are able to defend your rights across several markets and create a competitive edge.
Frequently Asked Questions (FAQs)
Q1. What is the difference between PCT and national phase filings?
The PCT (Patent Cooperation Treaty) is a patenting system across the world by which inventors can opt to file one application to obtain protection in many countries. The national phase follows, where the applicant enters each country and performs the respective national procedures to obtain patent protection.
Q2. How long does it take to obtain a patent from the date on which the national phase was filed?
The duration to receive a patent from national phase entry varies with the jurisdiction and smoothness of examination. It ranges from 18 months to years.
Q3. Can I withdraw my national phase application?
Yes, you can withdraw your application from a given country during the national phase. You can do so when you notice that you don’t want to obtain protection in a particular country, usually for cost.
Q4. Can I modify the countries in the national phase?
No, after you have filed the PCT application, you can only select which countries to enter the national phase. You cannot add additional countries if you have already exceeded the national phase deadline.
Q5. What happens if I miss the national phase deadline?
If you are running behind schedule, your foreign application can be considered abandoned in the countries where you are running behind schedule. There is a grace period or reinstatement provision in some countries in certain situations.