Industrial property rights may be an important asset to your business, increasing its value both within and outside of the country. This is why it is important to be aware of the advantages of having international protection, the main options available for the registration, and how we can outline a legal protection strategy across borders.
This protection ensures that you obtain exclusive rights to exploit the object of the patent in across-borders. It avoids the granting of a right similar to yours and its subsequent exploitation by non-authorized third parties, preventing counterfeiting.
International protection allows for a licensing or development strategy for your industrial property assets with a broader territorial range, being an important way to obtain added gains.
If you have decided to implement or export a patent or industrial design (taking into account your business model), which has not been accompanied by effective international protection, there is the constant risk of your patents being taken by third parties. This can have a negative impact in your commercial ambitions.
Within 12 months of the first application, we file the patent and utility model directly in each country in which you want to protect your rights. For industrial design applications, this deadline is shortened to 6 months.
A patent or utility model application is filed for extended protection based on regional treaties such as the European Patent (EPO), the European Union Intellectual Property Office (EUIPO), the African Intellectual Property Organization (AIPO), and the African Regional Intellectual Property Organization (ARIPO), among others.
Through the Patent Cooperation Treaty (PCT), you can obtain an international patent filing that allows for further protection in more than 145 countries, with 18 additional months on top of the initial 12 months allowed for the national phase of the protection. For industrial designs, you can make use of The Hague System within the first 6 months of the first filing, with the possibility of protection in 65 territories.
Regardless of the type of protection and of your choice, we are on hand to outline the best internationalization strategy. Our team, alongside our network of partners around the globe, is available to clarify the details of the different jurisdictions. They are experts in defining forms of international legal protection and in patent, utility model, or industrial design registration, as well as in their translation and in the management of sales or licensing processes internationally.
What is internationalization?
The majority of patents, utility models, and industrial designs are registered individually in each jurisdiction. However, when you intend to internationalize these patents, it is important to consider their registration in the countries that you want to expand your business into.
If you do not register the patent in those countries you want to expand your business into, it will be susceptible to attempts on its sale or non-authorized imitation, which can severely constrain your commercial success.
Is there a global internationalization system?
There is no system that allows for a patent, utility model, or industrial design registration in all jurisdictions worldwide with a single filing.
Direct protection is the most widely used route for patent internationalization. In this case, we file the patent, utility model, or industrial design applications directly in each country in which you want to protect your rights.
In addition, there are various systems that ensure supranational protection through regional and international agreements.
At international level, we highlight the Patent Cooperation Treaty (PCT) route, in which we file a patent application that allows the extension of the protection to more than 145 countries. In the case of industrial designs, The Hague system can be used, which enables internationalization to 65 countries.
At regional level, there are a number of agreements which also aim to simplify the bureaucracy involved in the internationalization of industrial property rights. For example, the European Patent system, valid in more than 30 countries in this continent, or the European Union Intellectual Property Office (EUIPO), valid for designs within the 28 member states of the European Union.
Among other regional protection systems worth noting are the African Intellectual Property Organization (AIPO), the African Regional Intellectual Property Organization (ARIPO), and the Benelux Office for Intellectual Property (BOIP), valid in Belgium, the Netherlands and Luxembourg.
What are the time limits for protecting my patents and designs internationally?
For patents, you have 12 months from the first national application to file for international protection. However, if an international patent filing is made via the PCT, 18 additional months are made available for the formalization of the national filings.
For industrial designs, you have 6 months to carry out the internationalization without losing the priority date.
In order to protect your invention internationally, it is vital to adhere to these deadlines of 12 months for patents and 6 months for industrial designs. Failure to comply with these time limits will lead to your rights not being granted in the remaining jurisdictions.
How can we help you with this process?
With more than 45 years of experience in this sector, we have developed our services for thousands of companies around the world, in all business sectors. Thanks to our excellent network of contacts, we are able to present the best solutions anywhere in the world, especially in Portuguese-speaking countries. All of this is offered in a highly-affordable and personalized way, with the aim of ensuring maximum success for your business and patents.
As such, we are available to clarify the details about the different jurisdictions. We are experts in the definition of forms of international protection and in the filing of patents, utility models and industrial designs, as well as the translation of patents and licensing processes management.
Can't find what you're looking for? Try the Support Center
Send us a message