What You Will Learn
- 1The PCT system gives you 30 months from your priority date to decide which countries to enter
- 2There is no 'world patent': protection generally requires filing in each country or region separately
- 3International filing costs range from $30,000 to $100,000+ depending on countries selected
- 4The Paris Convention provides a 12-month priority window for direct filing
- 5Core markets for most tech companies: US, EPO, China, Japan, South Korea, Canada, Australia
Patents are territorial. A U.S. patent only protects your invention in the United States. Two international frameworks make global protection possible: the PCT and the Paris Convention.
The PCT System: One Filing, 157 Countries
The Patent Cooperation Treaty lets you file a single international application that reserves your right to seek protection in 157 member states. It does not grant a patent itself, but delays costly national-phase entries by up to 30 months.
What PCT Is
The PCT is not a way to get a patent. It is a way to delay the cost of getting patents while preserving your options in 157 countries.PCT Timeline
- Month 0: File U.S. application (priority date)
- Month 12: File PCT claiming priority
- Month 16: International search report issued
- Month 18: PCT published by WIPO
- Month 30: Deadline to enter national phase
Paris Convention: Direct Filing
Once you file in one member country, you have 12 months to file in others and claim the original priority date. Best when you know your target markets and want to move quickly.
PCT vs. Paris Convention
| Factor | PCT | Paris Convention |
|---|---|---|
| Decision deadline | 30 months | 12 months |
| Initial cost | $3,000-$5,000 | $2,000-$10,000+ each |
| Best for | Uncertain markets; need time | Known markets; fewer than 3-4 countries |
| Total (5 countries) | $50,000-$100,000 | $40,000-$80,000 |
Choosing Target Countries
Focus on countries where you manufacture, sell, face competition, or license technology. For most tech companies: US, EPO, China, Japan, South Korea, Canada, Australia covers 80%+ of global tech market value.
Start with a Strong Provisional
Your international strategy begins with your first U.S. filing. A well-drafted provisional application establishes priority and gives you 12 months to decide on PCT vs. direct filing.
Sources
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Disclaimer: This content is for informational purposes only and does not constitute professional legal advice. Please consult with qualified patent professionals before making patent strategy decisions.
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