National phase entries ofan international patent application (PCT) occur 30 months after the filing of the first national patent application on your innovation, which normally corresponds to about 18 months after your PCT filing.
There is no such thing as an international patent. When we file a PCT application, we file an option on the current 157 signatory countries of the treaty for 18 months. Once these 18 months have elapsed, you have to choose the countries in which you wish to have a monopoly on your invention (e.g. USA, China, Japan, Canada and Europe).
What are national phase entries?
National phase entries refer to the process whereby the applicant of an international patent application (PCT) selects specific countries in which to seek protection. After initial filing with theWorld Intellectual Property Organization (WIPO), the PCT application enters a national or regional phase, where it is processed by each selected country or region independently.
Implications and procedure
Each country or region has its own patent rules and requirements, which means that the process can vary considerably. Fees, deadlines, translations and administrative formalities can also differ from country to country, making national phase entries complex and costly.
Making informed choices
It’s crucial to decide which countries or regions to enter. This strategic decision depends on factors such as your target markets and those of your competitors, and the resources available.
Entering the national phases of a patent application is a vital step in obtaining international protection for your invention. Understanding the process, its implications and the strategic considerations to be taken into account when selecting countries is essential to ensure effective protection of your intellectual property rights worldwide.
So don’t hesitate to contact your patent attorney to help you make strategic decisions.
