About IP

There is no such thing as a global patent. In order to protect an invention in different countries a patent in each country (or region) in which protection is required will need to be applied for.

If the invention is to be marketed or manufactured in other countries overseas patent applications should be filed. The filing of patent applications in other countries is an expensive process and careful thought needs to be given to country selection before proceeding.

There are a number of ways to protect your invention overseas:
 

National Patents

This is done by filing a separate patent application in each country of interest. Assuming any overseas application is filed within the requisite time limits, the filing date of your related Australian application will be applicable as a priority date for all countries that are signatories to the Paris Convention or that have mutual recognition with Australia. These applications must be filed within 12 months from the priority date of the provisional application.

This approach may be cost effective where protection is required in only a few countries.
 

International Application

Where protection is sought in a greater number of countries, it is usually more cost effective to file a single international patent application under the Patent Cooperation Treaty (PCT).

A PCT application must be filed within 12 months of the priority date of your related Australian patent application and gives additional time to evaluate which countries you wish to seek protection.

There are more than 140 contracting states to the PCT. At the end of the International Phase action must be taken to break the PCT application into the required national patent applications. This is known as National Phase Entry.
 

National Phase Entry

In order to peruse protection in your selected contracting states at the end of the International Phase, you must fulfil the formal requirements of each selected country. These requirements include filing translations of the specification and other documents as well as the payment of government fees. These requirements must generally be completed within 30 months of the priority date.