The first step on the patent path usually involves filing a patent application, which must be before disclosure of the invention. By doing this, it is not necessary to initially file applications in all countries of interest.
This initial application establishes a priority date and this triggers a 12-month priority period to pursue the commercial options. Before the end of this 12-month priority period, final applications to cover the territories in which you need protection need to be filed.
It is imperative that this 12-month period is used to its maximum benefit by the inventors, for example by exploring the commercial viability of the invention, and possibly gaining investment.
Towards the end of the 12-month period a decision is made to as to whether to file final applications claiming priority.
The final application is the last chance to add any information to the application and can include any new improvements made during the 12-month priority period – however this new information will not be entitled to the priority date and will instead have the new date of filing.
The filing date(s) of the invention is important as the invention needs to be novel over the state of the art which is available to the public before the filing date of the invention.
If you decide to proceed with a final application, it is ultimately necessary to obtain a patent for each territory for which you want protection. There is no such thing as a “worldwide patent”.
There is however a centralised mechanism called the Patent Cooperation Treaty (PCT), this allows a patent application to cover 155 counties and gives a period of a total of 30 months from the priority date before a decision is required for entering the National Phase (choosing the territories).
During this period an International Search Report is provided so that the inventor is better informed as to both the likely scope of protection and the commercial prospects.
When the final application is filed, it is prosecuted to grant.
