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How to File a Patent Internationally

From WikiPatents

How to File a Patent Internationally

Want to protect your invention in more than one country? Filing a patent internationally isn't one-size-fits-all, but there are systems that make the process more streamlined—especially through the PCT (Patent Cooperation Treaty).

Step 1: Start With a National or Provisional Application

File your initial application in your home country. This gives you a **priority date**, which is essential if you plan to file internationally within 12 months.

Step 2: Use the PCT System

The PCT allows you to file a single "international application" that can later be extended to 150+ countries.

  • File with WIPO or your local patent office
  • Gives you 30 months from your priority date to enter individual countries
  • Simplifies translations, search, and examination processes

Step 3: Enter the National Phase

After your PCT application is processed, you "enter the national phase" in the countries where you want protection. This means:

  • Translations into local languages
  • Payment of local filing and examination fees
  • Hiring of local patent agents

Countries You Can File In via PCT

  • United States
  • Canada
  • European Patent Office (covers 38 countries)
  • China
  • Japan
  • India
  • South Korea
  • Australia
  • Brazil
  • Mexico
  • and many more

Alternative: Direct National Filings

If you know in advance which countries you care about, you can skip the PCT and file directly—but this often increases upfront costs and administrative burden.

Cost Considerations

  • PCT application: $3,000–$5,000+
  • National phase (per country): $2,000–$20,000 depending on jurisdiction
  • Patent Agent Cost and translations add additional fees

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