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Perhaps the most convenient way to get protection for a Patent worldwide is to file a Patent Cooperation Treaty (PCT) application (India has been a signatory to the treaty since 1998). The application may be filed directly or within a period of 12 months from the filing date of the first application.
Submit the application to the World Intellectual Property Organization (WIPO) or a national patent office. Your invention is then provisionally protected in all contracting states of the Patent Cooperation Treaty (PCT). The WIPO carries out a search on the state of the art (also known as the prior art).
In filing a patent application and paying required fees, the USPTO provides forms and an electronic filing tool. You may also wish to find a patent attorney or agent to help draft the required description of the invention and claims, and any required drawings.
An inventor that wants to file a patent application in multiple countries using the PCT route should first file a patent application with their own national patent office. Within 12 months of the filing date, they will need to file an international patent application under the PCT.
Is a patent valid in every country? Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in ance with the law of that country or region.
If an earlier applicant obtains a patent first in their own country, can others subsequently patent the same invention in a different country? The simple answer ?should? be no.
It may therefore be important for you to have patent protection in these countries to prevent others from exploiting your patented invention. On this basis, the US, China, Japan, and Europe are counties/regions where we often see patent applications being filed.
The first step to obtain a patent is to file an application with a national or regional intellectual property (IP) office. If you seek patent protection in many countries, you may consider filing an international patent application under the Patent Cooperation Treaty.