How can I protect my patent overseas?
A standard or innovation patent filed in Australia only provides protection in Australia, not worldwide. To extend your patent protection beyond Australia into other commercial markets of interests, a separate application process is required.
What is the process to obtain patent protection overseas?
There are two pathways to achieving this using your Australian application as the foundation for these extension of rights:
- File corresponding but separate patent applications directly into each country of interest; or
- Utilise a consolidated international application under the Patent Cooperation Treaty (PCT) often known as a PCT Application. By filing the PCT Application within the relevant time frame, it initially positions your patent application for protection in all 148 countries that are members to the PCT. The PCT Application lasts up to 30 to 31 months from the initial filing / priority date of your Australian patent application. Before this time frame lapses, you will need to then select which of the 148 countries are of commercial interest to you and file what is known as a national phase application in each of those countries. The PCT Application path has the added advantage of allowing you additional time to decide which markets are commercially viable to you to seek patent protection in.
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HOW CAN ACTUATE PATENTS ASSIST?
Actuate IP works seamlessly in conjunction with Actuate Patents. Actuate Patents is an independent patent attorney firm and comprises qualified patent attorneys that provide an expert and tailored approach to assisting with the implementation of patent strategies and patent protection for businesses. We work with a close network of patent attorneys to complement your important patent legal strategies and disputes. Also with our fixed fee project based approach it means you can take the matter in stages and make certainty and transparency on your legal spend. Actuate Patents also works with a close network of overseas patent attorneys in all key jurisdictions meaning we can assist you with any international patent protection in an efficient way with a clear focus on achieving the right outcome.