Benefit of Filing Patent Application in Different Countries

Why should I file a patent application in different countries?

Patents are jurisdictional in nature. An individual or person receives the protection of a patent based on the exclusivity of the idea or invention throughout the world. A patent will be granted to a person if and only if the idea presented by the person has not been known anywhere in the world.  Additionally, there must not be any granted patent in any part of the world related to the idea presented by the person. Moreover, the person can seek protection of his idea throughout the world by seeking patent protection and following the rules and laws established by the government of each country.

The person must abide by the rules of any particular country for getting a patent grant in that respective country. The idea must be exclusive in all parts of the world or at least in the countries where the inventor is trying to seek patent protection for. The idea given by a person is mapped or searched in the patent databases throughout the world for checking similar prior arts that resemble most or some of the features of that idea. For example, a person living in Australia comes up with an idea of a new car design and tries to seek patent protection in various countries through the Australian Intellectual Property Office.

The Australian Intellectual Property Office searches for the given idea of the design by looking for similar ideas with highly similar designs throughout the various patent databases of the world. The Australian Intellectual Property Office issues a report to the inventor upon finding one or more prior arts which illustrate the novelty of the new car design to some extent. In simpler words, the Australian Intellectual Property Office rejects the idea of the inventor. In the event of the idea being patentable, the patent application can be filed in different countries according to the rules and regulations of the respective country.

Patent protection is different in different countries according to the laws established for getting a patent grant in different countries. Further, a person is granted with a patent as per the rules and regulations of the patent law in the particular country. However, he may face rejection for the patent grant in some other countries. Furthermore, a person may or may not apply for protection in other countries. However, the person will not be able to claim the protection of his idea in countries where the person is unable to apply for the patent protection.

You may also like