3. International Patent Systems
Paris Convention
on the Protection of Industrial Property Protection
Founded:
in 1883
by 11 states
more than 100
member states by now
Basic principles:
Equal treatment
Union priority right
5/26/2010 3
3
4. International Patent Systems
Paris Convention
on the Protection of Industrial Property Protection
Equal treatment
All citizens of member
states has the same rights
to local users of the
IP system
Same protection rights
Same reparation of
rights if their rights are
infringed
5/26/2010 4
4
5. International Patent Systems
Paris Convention
on the Protection of Industrial Property Protection
Union priority right
Applicant filing in a
member state has the right
of union priority
to extend its protection
to other member states
carrying the priority date of the
original application
Patent: 12 month
Utility model: 6 month
5/26/2010 5
5
6. International Patent Systems
Union priority right
Priority Filing
date date
Extent of patent protection
State-of-art
12 month
5/26/2010 6
6
7. International Patent Systems
Patent Cooperation Treaty (PCT)
1 filing of application
Granting of patent by countries
International novelty and
patentability search report
Benefits:
1 application
Unified process
Postponement for
30 months from
priority date
thus buying time for applicant
Source: ip4inno
5/26/2010 7
7
9. International Patent Systems
PCT
PCT international PCT national
stage stage
PCT international PCT international
stage I. phase stage II. phase Launch: within 30
months of priority date
Launch: within priority Launch: within 22
year of priority date months of priority date
Outcome: Patent
Outcome : International Outcome: International application in selected
Search Report (ISR) and Preliminary Examination member states
Written Opinion (WOISA). Report (IPER).
5/26/2010 9
9
10. International Patent Systems
PCT
International stage
PCT international PCT international
I. phase II. phase
1. Filing application 1. Request for International
2. Formal examination by Preliminary Examination
Receiving Office 2. International Preliminary
3. Forwarding application to Examination
International Office and to 3. Publication of International
International Search Authority Preliminary Examination
4. International Ssearch Report Report
5. Modification of claims if necessary
at the International Office
6. International publication
5/26/2010 10
10
11. International Patent Systems
European Patent Convention (EPC)
• Single place of filing
• Single place of completion and granting
• Three official languages
(English, German and French)
• Patents granted by EPO are equivalent
to the patents granted in any of the
national offices.
If it falls in one country in a court case,
it falls in all countries!
Source: ip4inno
5/26/2010 11
11
14. Thank you very much for your attention
András Haszonits
haszonitsandras@upcmail.hu
The training material is to be
used exclusively in conjunction
to the SRTD project in Jordan
5/26/2010 14
14