International patent
FROM 4150 € excl.taxes
Planning on commercializing in the United States? Possible counterfeiter in Asia? A potential partner and licensee in Israel? A French or European patent is not enough and you want a direct international protection. With YesMyPatent it is possible!
A protection for my invention abroad
When you obtain a patent in France, you have exclusive rights on the French territory for a period of 20 years. Even if this exclusive right of exploitation is a first decisive phase for your project, your company and its activity do not benefit from an international protection. Indeed, the patent must be filed in each country concerned for you to be protected.
Be careful! If you do not file these international patent applications within 12 months from filing your French patent application, you will not be able to extend your patent internationally and you run the risk of a competitor exploiting your invention abroad without being able to sue for counterfeit. Extending the patent internationally allows you to limit the risks of counterfeit, by a dissuasive effect, and to defend yourself by filing a suit.
If your company’s business plan provides for international development, these international filings are essential to reassure your investors and shareholders of the consistency of your company’s industrial property strategy.
International patent application process
Option 1: PCT international extension
If you have already filed a patent application in France or in Europe, you have 12 months to extend your patent application internationally.
This date cannot be extended. If you miss this deadline, then it will no longer be possible to go international with your patent.
You are not sure which countries do you want to extend your patent to? The PCT international extension allows you to gain an additional 18 months to think before designating the countries. At YesMyPatent, we like to say that with a PCT you “buy time”.
A French or European filing followed by a PCT gives you a total of 30 months (12 months + 18 months) to identify your intended markets, possible partnerships, competitors and choose the countries to protect. A PCT is like an option for 153 countries, an option that you can exercise within 18 months: this step is called entering the national phase.
Thus there is no “international patent” but only “international patent applications”, which after 18 months can become Chinese, American, South African patent applications…
Once the 18 months deadline has passed and the phase entry has been made in the chosen countries, it is not possible to go back, nor to add countries (except Europe for one more month).
If after 18 months you do not choose any country, you have no international patent or protection. This will not affect the procedure of your initial French or European patent which can be granted normally.
Option 2: International priority application
You can file a PCT application directly, without first filing an application in France or in Europe, provided that you obtain prior approval from the Direction Générale de l’Armement. This PCT application will give you 18 months to choose the countries of interest, among the 153 countries forming the PCT contracting states to date.
Time stamping
First step to make the date and keep your invention secret, time-stamping by the blockchain is tamper-proof and unforgeable. Time stamping is :
– valid internationally
– without time limit
– you can retrieve your documents as filed as many times as you wish in your dedicated digital safe
Patentability study
The patentability study allows to verify that the conditions of patentability are indeed met in order to move on to the drafting stage of your application with peace of mind.
Drafting and filing
After a first meeting, the Industrial Property Attorney takes charge of the drafting of your international patent application. His experience of more than 10 years in your technical field allows him to understand the technique and the stakes of each of the files he handles.
You will be able to decide with him, to write the application in French or in English.
Why YesMyPatent ?
Our network of more than 100 agents is present throughout the world, and our partnerships negotiated on large volumes allow you to benefit from the fairest rates.
Thanks to our highly secure platform, the exchange of information between our clients and our patent attorneys and experts is carried out with complete peace of mind. Each patent file is handled with the utmost care. Our transparency allows you to know from the beginning of your procedures the costs to be expected (fees, translation costs, taxes) for your patent application whether in France, Europe or abroad. We guarantee you a tailor-made support thanks to our network of experts to protect your invention worldwide.