DF Bluem - Patent Attorney Agent Leeds. Free Patent Advice and Guidance.

INTERNATIONAL PATENT APPLICATIONS

HOW DO YOU OBTAIN PATENT PROTECTION OVERSEAS

If you plan to seek patent protection outside the UK, it is essential to begin the process within 12 months of submitting your first UK patent application. This one-year window, referred to as the priority period, enables you to lodge applications in other countries while still relying on your original UK filing date. By taking action within this timeframe, you safeguard your ability to obtain patent rights internationally and ensure your invention is protected before it is disclosed or commercialised in those markets.

INTERNATIONAL PATENT PROTECTION CAN BE OBTAINED IN THREE WAYS

Through the European Patent Convention (EPC)
Through the Patent Cooperation Treaty (PCT)
By filing direct national applications in individual countries of interest

Each route offers different advantages depending on budget, commercial strategy, target markets and long-term IP plans.

EUROPEAN PATENT CONVENTION (EPC)

The European Patent Convention allows applicants to file a single European patent application covering up to 39 member states, including major markets such as Germany, France, Spain, Italy, the Netherlands, Sweden and the United Kingdom.

Once the European Patent Office (EPO) grants the patent, the protection must then be validated in the chosen countries in accordance with their national requirements. This system provides a streamlined and cost-effective way to secure patent rights across Europe without filing separate applications in each country.

EPC MEMBER STATES

The EPC currently includes: Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.

EPC COSTS

As a general guide, the official fees charged by the European Patent Office to take a patent through to grant total approximately €6,025 (for electronic filings) - €6,165 (for paper filings). These figures cover only the mandatory EPO fees and do not include Patent Attorney fees, which can significantly increase the total cost depending on complexity, claim amendments and the overall examination period.

EPC TIMESCALE

The European patent grant procedure usually takes three to five years from the original filing date and consists of two key stages :

1. SEARCH AND INITIAL OPINION

Formalities check
European search report
Preliminary assessment of novelty, inventive step and compliance

2. SUBSTANTIVE EXAMINATION

Detailed legal and technical review
Communication with the EPO examiner
Amendments and responses until acceptance or refusal

Once the patent is granted, it must then be validated in selected EPC countries - which may require the patent to be translated in other languages - which would be subject to additional fees.

PATENT COOPERATION TREATY (PCT)

The Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO), allows you to file a single international patent application covering 157 countries. The PCT system simplifies the early stages of international protection by offering a unified filing procedure, one international search, one publication and optional international examination.

The PCT does not grant an “international patent”. Instead, it delays the need to file multiple national applications, buying valuable time for assessment, development, commercial negotiation and funding.

The PCT system has two main stages :

1. INTERNATIONAL PHASE

This phase mirrors many of the steps taken in a UK application and includes :

Filing the international application
An international search and written opinion
Publication by WIPO
Optional International Preliminary Examination (by filing a Demand)

This phase provides a clearer understanding of the invention’s strengths before costly national filings.

2. NATIONAL (OR REGIONAL) PHASE

At around 30 months from the original UK filing date (20 months in a minority of countries), the application must enter the national or regional phase. At this point :

Individual national applications are created
Official fees are paid
Translations may be required
Local Patent Attorneys handle prosecution

Each country then examines the application independently and decides whether to grant a patent.

PCT COSTS

A minimum PCT filing (approximately 50 pages) currently costs around £4,000 in official fees only. Patent Attorney drafting and filing fees usually bring the total to approximately £5,500 – £8,000, depending on the technical complexity and level of support required. Additional costs include, Demand for a International Preliminary Examination : approx. £2,200 (official fees only) - and entering national/regional phases: typically £1,000–£5,000 per country, excluding attorney fees. These amounts vary depending on translation requirements, claim amendments and local government fees.

PCT TIMESCALE

The PCT route typically takes five to seven years from the initial filing date until patents are granted in individual countries. The extended timeline allows inventors and businesses to :

Secure investment
Test the market
Refine prototypes
Evaluate commercial feasibility
Identify the most commercially valuable markets

This makes the PCT system attractive for inventions with global potential or where commercial strategy is still evolving.

FILING DIRECT NATIONAL APPLICATIONS IN INDIVIDUAL COUNTRIES OF INTEREST

For some inventors and businesses, the most suitable route is to apply directly to the patent office of each country where protection is sought. This method is often preferred when you already have a clear idea of the overseas markets you intend to target and wish to handle each national application separately. Filing directly with an overseas authority, such as the USPTO for the United States or the EPO for protection across Europe - allows you to pursue rights in specific territories without using the international PCT process. To maintain your priority date, however, any foreign filings must be submitted within 12 months of your original UK application.

This route begins with your UK filing, which establishes the all-important priority date. From there, you must decide which countries or regions are commercially relevant for your invention. Direct national filings are typically chosen by applicants who want protection in a small number of strategically important territories rather than a wide global spread.

Every country has its own patent regulations and administrative procedures, meaning your application may need adjustment to meet local requirements. This could involve translating the specification, altering the structure of the claims, or preparing additional forms. In most jurisdictions, overseas applicants must work through a registered local patent attorney, who will handle the submission and manage all communication with the national patent office during examination.

Foreign applications must be lodged within the 12-month priority window following your UK filing. Missing this deadline can limit or even prevent you from obtaining protection in certain countries. It is also important to plan for the associated expenses, which can vary greatly depending on translation needs, legal fees, and the complexity of the application in each jurisdiction.

Once your national applications are filed, each patent office will carry out its own independent examination. You may receive reports, requests for amendments, or questions about compliance with local law. Only after these issues are resolved will a patent be granted in that specific country. After grant, ongoing maintenance or renewal fees must be paid to keep each individual patent in force.