International patents

There is no such thing as a global or world patent. Having a registered patent in Australia does not mean your invention is protected in any other country. If your goal is to market or manufacture your invention in other countries, you will need to apply for a patent in each country or region in which protection is required. If you don’t file a patent application other countries of interest, you run the risk of another party using your invention and you would have no legal right to oppose it.

International patent applications can be expensive, so it is important that careful consideration is given to whether international protection aligns with your overarching business strategy. If you decide to proceed, our attorneys can help with all aspects of international patent protection, including developing an international IP strategy and determining the most cost-effective options.

Below are the different options available for international protection:

• National patents in individual countries – International protection can be achieved by filing a separate patent application in each country or region of interest. This approach is more cost-effective if protection is only required in a small number of countries.

• International application under the Patent Cooperation Treaty (PCT) – Where protection is required in several countries, it is usually more cost-effective to initially file an international PCT patent application. By filing one international patent application, you can simultaneously seek protection for an invention in over 140 countries throughout the world. An international application may be filed in combination with separate national applications in those countries not covered by the international application.