Are we moving towards global patenting?

Variations in patent law and how it is practiced across the globe have an impact on how patents are obtained in other countries.  While some harmony exists between the three territories that dominate this arena, there are still significant differences in certain areas.

No matter what type of product or innovation, patents play an important role in protecting inventions, since they prevent others from making, selling, stocking or using a patented invention without the consent of the patent owner.  It sounds simple enough to create a patent process that would be accepted in every territory throughout the world, but a global patent does not yet exist.  As a result, inventors need to carefully research where to file for a patent, based on the costs, waiting time and other restrictions.

Before filing an international patent, it is common to file an international patent application (under the Patent Cooperation Treaty) within twelve months of the first patent application filed in the applicant’s home country.  This will buy the inventor enough time to research marketability, patent translation costs, localization strategies and other factors before filing individual application within each country.

Patent translation services are a big part of the international patent process, especially in highly technical fields like engineering, pharmaceuticals and software.  A good patent translation service may sometimes provide additional services, such as foreign patent filing, mirror translations, and localization strategies.

There are a number of important differences between the three main patent offices on the global arena: the European Patent Office (EPO), the Japan Patent Office (JPO), and the US Patent & Trademark Office (USPTO).  Not only do their patent laws differ, but they also vary in the scope of protection they afford.

Is a single patent application realistic?

Yes, but only if the differences between patent offices are considered on the draft of the original patent specification.  With the help of a competent attorney, an experience patent translation service, and a n professional patent search, a full description can be prepared, including narrow and broad definitions of the invention.

While a certain measure of harmonization has occurred, there is still more to be done before a single, global patent is possible.