Getting protection overseas

You need a separate patent for each country where you want your invention protected.  A UK patent, for instance, can be used to stop people copying your invention in the UK, or importing it into the UK from elsewhere, but it can't be used to stop anybody operating in other countries.

Applications for overseas patents can be filed up to 12 months after you file a UK patent application for the same invention, and they still get the benefit of the initial UK date.  So we normally advise a UK applicant to file here first and delay the cost of overseas applications until 12 months later.

You can use the 12 months to assess how well the invention's going and perhaps to secure funding.  We also recommend that you do some searching during this period to establish whether your invention really is new enough to be patentable.  We can organise suitable searches for you – the best ones are often those conducted by either the UK Intellectual Property Office (formerly the Patent Office) or the European Patent Office.

Overseas patent applications can be costly, especially since you need one for each country of interest.  There are however two systems which simplify the procedure and either reduce or at least delay the costs involved.

European patents
The European patent system allows you to file a single patent application covering a large number of European countries (note the list is not exactly the same as the EC membership).  This is searched and examined as a single application, which saves time and money.  Once granted, however, the European patent has to be converted into separate national patents in all the countries of interest – this stage is costly but you can if you want choose to proceed in only some of the available territories.

PCT (international) patent applications
Under the so-called "PCT" system, a single patent application has the potential to cover most of the major industrial countries of the world.  Eventually, about 30 months from the date of your very first patent application, you have to convert the single PCT application into separate national patent applications in all the countries you're interested in.  Each of those applications has to be searched and examined separately and will eventually yield a separate national patent.

What the PCT system offers is a cost effective way to keep your options open in lots of countries, for long enough to assess the commercial value of your invention and the likely success of your patent applications.