What is an international patent?
An international patent is a type of patent protection that covers multiple countries outside of the United States. In order to obtain an international patent, an inventor must file a single patent application with the World Intellectual Property Organization (WIPO). Once granted, the patent offer legal enforcement of the inventor’s intellectual property rights in multiple countries. The international patent application process is more involved than the process for a domestic patent. In addition to a US patent application, the inventor must submit a Patent Cooperation Treaty (PCT) application to the WIPO. The PCT application also requires certain fees to be paid to the WIPO. Once the international patent application is received by the WIPO and the appropriate fees are paid, the WIPO will forward the application to various countries in accordance with the rules of the treaty. Each country that the application is forwarded to will have its own patent laws, and the inventor must file a separate application in each country before the patent can be granted. In North Dakota, the process to obtain an international patent is no different than in any other state. The inventor must begin by filing a domestic patent application and then file a PCT application to the WIPO. Once the PCT application is approved, the inventor must then file applications in the countries that are covered by the PCT. Once the patent is granted in each country, the inventor can enjoy the legal rights and protections that are offered by an international patent.
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