How Can I Acquire International Patent Rights?

The prospect of obtaining international patent protection for your innovation is both exciting and intimidating. On the one hand, extending your reach to new locations and markets is exciting. Preparing effective patent applications that meet differing regulatory and language requirements, on the other hand, is undeniably an important task. 

Conducting a Patent Search 

It is critical to ensure that your invention is new and unique before applying for a patent. A patent search can assist you in determining whether your idea is patentable and whether similar patents already exist. 

The Novelty Checker from XLSCOUT makes patent searches easier for inventors. The tool searches for similar inventions to yours to determine whether a patent is feasible.     

A step-by-step guide to conducting an AI-powered patentability search with Novelty Checker can be accessed by clicking here.    

XLSCOUT put the use of reinforcement learning to its AI-based Novelty Checker (patent searching tool) to get quality prior art search reports in just 5 minutes. The Novelty Checker uses reinforcement learning to filter the noise by showing the relevant results on top of the list. To be precise, it assists in conducting patentability search to help you ensure that your innovation is unique. By selecting a few relevant and non-relevant results, users can apply them to the result set. The system takes the user’s feedback and then learns from it. It uses conceptual searching and re-ranks the results by bringing the quality results to the top and sending the noise to the bottom.

Filing a Patent Application 

You must file a patent application with your country’s patent office once you have determined that your invention is patentable. This application will grant you a priority date for your invention and protect it in your home country. 

Seeking International Protection 

If you intend to sell your invention in other countries, you must seek international protection. This is possible thanks to the Patent Cooperation Treaty (PCT), which allows you to submit a single international patent application that is recognized in multiple countries. 

Filing National Patent Applications 

Following the submission of a PCT application, you must file national patent applications in each country where you wish to obtain patent protection. One can accomplish this within 30 months of the priority date.

Quality Claim Construction 

Patent examiners worldwide take the phrasing of applicant claims very seriously. After all, if your patent is ever challenged or defended, the validity of your claim may hinge on the exact meaning of individual words or phrases. “Inventions are not rejected,” says IPWatchdog President Gene Quinn, a patent attorney. “What has been rejected is the articulation of the innovation as it appears in the claims.” 

Poor claim construction can sometimes make it difficult for examiners to approve a patent application. For example, possibly the value or intention of an invention is unclear; perhaps it reads similarly to another party’s intellectual property; or perhaps the absence of specificity results in an overly broad claim. If an examiner believes that the wording of a claim renders its meaning unclear, the application may be delayed while clarification is sought, or it may be rejected outright. 

It is critical to keep in mind that proper claim construction is equally important in the original application as it is in translated applications for foreign patent offices. Working with a reputable patent translation firm ensures that the translators who are working on your patent have extensive subject matter and technical field knowledge. These highly skilled linguists should work within an ISO-certified quality assurance process to ensure that the meticulously created language you used in your original application is translated exactly the way you intended for your foreign language applications. 

Finding an Appropriate Language Partner 

The cost of obtaining international patent rights is a major concern. There are translation fees as well as various official fees for each country where you wish to file. And, once you’ve decided to file, the wait for a grant can be excruciating. After all, patent prosecution takes time (typically just under three years). And it can take even longer if the examiner calls for any back-and-forth communication on particular claim clarifications. Waiting can keep you from enjoying the full economic advantages of your innovation. 

The most effective defense against high costs and a lengthy prosecution timeframe is to make sure that your application and its translations are well-written. Construct your claims in English with care, ruthlessly refining your wording to say exactly what you want to say. Keep in mind that all international versions will be extracted from this baseline version. Then, inquire with your translation company regarding the tools they can provide to help you with the process. 

By hiring the right patent translation company, you can make this complex, multi-faceted project much more manageable. Therefore, allowing you to focus on the exciting prospect of expanding your international business presence.

Conclusion

To summarize, acquiring international patent rights can be a complex and time-consuming process, but it is crucial for protecting your inventions and ensuring their global market success. It necessitates meticulous planning and a thorough understanding of the various patent systems and procedures in different countries, as well as a willingness to invest in legal assistance and translations. You can improve your chances of obtaining patent rights and successfully navigating the global marketplace by following the steps outlined in this article.