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International patenting

All patents in the world are valid territorially, only in the country or region of registration. There is no magic way that would allow legalizing all over the world at once. Each state requires a separate registration. There are ways to simplify this task. You can submit documents in foreign jurisdictions according to the national procedure (according to the Paris Convention) and internationally (according to the PCT – Patent Cooperation Treaty). The latter option is often called international patenting. This is not entirely true, however, the procedure has convincing advantages.

An international patent application gives you more time to decide in which jurisdictions to issue a title of protection. The applicant will have 30-31 months for this (and not 12, as according to the national procedure). During this time, you can do a lot of useful things:

  • translate documents into the desired language;
  • test the novelty;
  • find investors or licensees;
  • more accurately assess the chances of granting a patent;
  • make corrections (as needed).

There are certain difficulties associated with obtaining protection under the PCT apply. The attorneys of the SION know all the subtleties of the procedure, they have been successfully working with it for more than 10 years.

PCT process

The abbreviation PCT stands for Patent Cooperation Treaty, the system covers 153 jurisdictions. In many cases, it is indeed more convenient than other patenting methods. The PCT system establishes the priority of an application from its filing with WIPO, it is valid for a long time and applies immediately to all member countries.

The passage procedure is divided into two parts: international and national. Registration fees will have to be paid in two stages. The first part involves the following steps:

  • An international application is sent to WIPO (World Intellectual Property Organization) and a priority date is set.
  • The IP office conducts a search on an international basis, there is a written communication between the applicant or his representative and the responsible body.
  • WIPO publishes information about the apply, it has an official publication for this.
  • A preliminary international examination is carried out (optional).

This stage of the PCT application process allows you to understand whether a technical novelty is patentable, whether it makes sense to legalise it abroad. Next comes the national phase, which involves the submission of documents to the offices of the selected jurisdictions. This must be done before the expiration date, which is 30-31 months from the priority date. The applicant has 18-19 months of net time.

Attorneys of our firm successfully help you to go through all the stages. We draw up the documentation correctly, paying particular attention to the formula. We correspond with the responsible bureau, comply with the deadlines, make a translation, and bring the application to obtain protection in the necessary states.

Patenting an invention abroad

Inventions and utility models are being legalized abroad. The legal protection of the former is carried out everywhere, and of utility models – by no means in all states. For example, in the United States of America only patents inventions.

In many countries, only technical objects can be registered as inventions. Others do not have such a requirement. Accordingly, in the first it will not work to formation the software (program code), and in the second – it will work. It is better to consult our lawyer about this.

The following can be patented as industrial property:

  • Products (substances, devices, etc.). It can be a technical device, a mechanism, a part, a board, a cell culture, a composition of a drug.
  • Processes (methods, technologies). A method for obtaining a cell culture, making a new type of paper, etc.
  • New use of the work object.

In most countries, a title of protection for an invention is issued for 20 years, for a utility model – for 10. The principle of registration is the same everywhere, but the laws of jurisdictions have some peculiarities. We have been specializing in legalizing abroad for many years, working with IP offices of popular and exotic nations. SION has its own attorneys in the US, UK, EU, Japan, China, Russia and others. We confidently provide services abroad with the result that the client needs.

International Nonproprietary Name of Medicines

Registration of medicinal products is a laborious and painstaking process. Only a unique formula can be patented, not a name. The latter can be registered as a trademark.

The name should not be similar to the international non-proprietary name (INN), that is, to the common name of the active pharmaceutical substance. And it should not be similar to INN to the level of similarity. Attempts to register similar names are unfair and violate the rights of other manufacturers.

It is possible to come up with a combined name that includes the INN, and this part will not be protected. We have attorneys who specialize in drug copyright and industrial rights. They advise in detail on the possibility of registration for a specific case.

International patent cost

The procedure is quite expensive. However, it guarantees that the niche occupied by the patent holder cannot be occupied by third parties. For registration of an international patent, the price depends on many factors. For example, such:

selected procedure:

  • the volume of documentation for the appeal;
  • the legal status of the applicant;
  • the need for translation into other languages.
  • The minimum that an individual has to pay for registration under the PCT will be about 800 EUR. To issue a European patent – at least 6400 EUR, register in the USA – from 2600 USD.

According to Ukrainian legislation, the legalization of domestic inventions abroad is regulated by terms. You can submit an application in another country before the expiration of 12 months after filing with Ukrpatent, unless the innovation is a state secret. Accordingly, you have to pay Ukrainian registration fees. If applied abroad first, Ukraine may refuse registration.

We conduct a free consultation and make a full cost estimate before starting cooperation. The cost of obtaining a global patent may change if the client decides to add new nations along the way. In other cases, we do not change the price or increase the cost.

Patenting in the UK

There are two ways to formation in the UK: by national apply (by direct filing with the UK Intellectual Property Office) and internationally. There is a very strong system for ensuring priority rights and protecting copyright interests.

Local features:

  • The country has its own database, it must be searched in any way.
  • Utility models are not protected by law.
  • The procedure takes about 3 years from the date of application.
  • Paperwork and correspondence with the IP office – in English only.
  • The cost will depend on the number of independent claims.
  • Non-residents must represent their interests through an attorney with a British license.
  • An apply and a text part are submitted (description, formula, abstract; if any, drawings).
  • There are annual fees for maintaining a title of protection. The first one is brought in 4 years after the date of application. And if the document was issued later than this period – within 3 months after issuance.

The obtaining can be handled by attorneys from our representative office in the UK. They operate in accordance with local legislation, which provides for many subtleties in terms of timing and other points. They prepare documents in English, including elaborating a formula in detail, which provides evidence of patentability. Then they conduct business, correspond with the office, observe the deadlines for the payment of all duties.

To calculate the final cost of all formalities in the UK, please fill out the Brief and send us an email: info@sion.ua.

Patenting in Japan

In the country, inventions and utility models can be legalized. The country is a party to the Paris Convention and the PCT, that is, you can apply according to the national and international procedure. The composition of the documentation is a statement and a text part, taking into account local requirements. In Japan, there are many subtleties that relate to the timing and payment of state fees.

Key Features:

  • The responsible authority is the Japan IP Office.
  • It has its own base of registered industrial property.
  • Office work is conducted only in Japanese.
  • The interests of foreigners are allowed to be represented only by attorneys accredited in Japan.
  • All applications undergo a formal examination, the invention additionally undergoes a substantive examination. You can request the latter within 3 years after submitting the documents.
  • In total, the process can take about 3 years.
  • The cost of the process depends on the number of claims.

Legalizing can be handled by our attorney, who knows Japanese and is well versed in office work. That is, clients will not have to pay extra for the services of translators and intermediaries. Our representative gives answers to examination requests (if necessary), successfully carries out the registration, and monitors the timely payment of annual fees. The first is brought in three years in advance, the next – annually.

For a detailed calculation of the cost of formation in Japan, please fill out the Brief and send us an email: info@sion.ua.

Patenting in China

China, along with the territory of Hong Kong, is also a party to the Paris Convention and the PCT, while Macau is subject to the Paris Document. Special administrative regions and the territory of China itself provide for a separate design. Non-residents who do business in the PRC can protect the rights to technical property. But only through an attorney who works by proxy.

Peculiarities:

  • The responsible body is the IP Office of the State Council of the People’s Republic of China.
  • You can patent an invention, utility model and industrial design.
  • Office work, correspondence and replies to comments are kept in Chinese only.
  • An application for substantive examination (for an invention) must be submitted within 3 years from the date of filing the apply.
  • There is the concept of “novelty benefit”. It is awarded if the innovation has been demonstrated at an exhibition, scientific or technical conference recognized by the Chinese government.
  • For state fees in China, you have to pay about 3250 USD (excluding annual).

The Chinese IP Office is receiving a lot of formations. Before filing, you must conduct a thorough patent search, taking into account the hieroglyphic writing it is difficult. Our attorney with a Chinese license takes care of the search, paperwork, and paperwork. He answers the objections, submit the necessary applications on time and pay the fees.
For a detailed calculation of the cost of registration in China, please fill out the feedback form and we will contact you or write to us by mail: info@sion.ua.