The protection of patent rights is territorial, which means that only if you apply for patent protection in a specific country or its federal organization, you can be protected in that country or organization. For those inventions with high value or products mainly for overseas markets, it is very important to apply for patent protection in other countries. So, let’s learn how to apply for foreign patent technology? There are several ways to apply for foreign patent technology:
1. Paris Convention approach.
According to the provisions of the Paris Convention, after filing an application for an invention or utility model, you can enjoy 12 months of priority when applying to other member states. For design applications, you can enjoy 6 months of priority. .
2. PCT route.
PCT is a specialized treaty under the Paris Convention and currently has 178 member states. According to the provisions of the PCT, a patent application filed in any member country can be regarded as a patent application filed simultaneously in other designated member states. The approval process of PCT applications is divided into the international stage and the national stage.
3. Apply directly to the foreign country.
If you want to file an application in some countries or regions that are not members of the Paris Convention or the PCT, the applicant needs to file a patent application in accordance with the legal requirements of their national law or region. If you do not go through this procedure, you will not be able to apply for a domestic patent for this technology.
4. Submit applications through other intellectual property organizations.
Apply for invention patents in 38 European countries through the European Patent Office (EPO), apply for appearance patents in 28 EU countries through the Office for Harmonization of the Internal Market (OHIM); apply for Belgium, Benelux Intellectual Property Organization, Design patents in the Netherlands and Luxembourg; apply for African patents through the African Regional Industrial Property Organization (ARIPO) and the African Intellectual Property Organization (OAPI).
The above introduction is about how to use the relevant knowledge to apply for foreign patented technology. Transnational patented technology transfer involves legal, cultural, language and various practical obstacles. When using foreign patented technologies, it is recommended to seek professional legal and business advice to ensure compliance with all regulations and to maximize the benefits from these technologies. In short, foreign patented technologies can provide enterprises with innovative and competitive advantages, but they must be used when utilizing these technologies. Take care and ensure compliance with relevant laws and regulations to succeed in a global business environment.