Where Shall I File My Patent Application? Some Pointers On International Filing Strategies

There is a common misconception that one can obtain an "international" or "global" patent. In fact, although one can file an international application under the Patent Cooperation Treaty (a "PCT Application"), ultimately patents are only effective in the jurisdiction of issue. Hence, separate applications always have to be filed for the countries and/or regions of interest. The cost of obtaining patent protection in every possible country is prohibitive, but if suitable filings are not made then an applicant may not get full value from it's invention.

Naturally there are a number of considerations that may affect a decision on where to file patent applications:

Cost - Once a first application has been filed, the Paris Convention allows other applications filed within one year to claim the benefit of that priority date. Individual national or regional filings can claim priority, and so can a PCT Application. Filing a PCT Application is substantially more expensive