Our extensive work on patent applications overseas means we can also advise on the technical complexities, deadlines and priority filing dates to make your IP work for you at an international level. Drawing on our widespread international networks, associates and clients, we adhere to the strictest of protocols and can provide a high level of integrated service on these matters, according to your individual needs.
The patent procedure followed in Australia and overseas is integrated by virtue of two main agreements, one known as the Paris Convention and the other known as the Patent Co-operation Treaty (PCT).
The Paris Convention
The Paris Convention provides for member countries to equally treat applicants and applications for patents filed in the member country, whether they are local or foreign, individual or corporate. It also deals with priority dates. At Krouzer IP we can advise on the best strategy to take advantage of the Paris Convention agreement, including:
- advising on priority filing in a second member country following patent filing in one member country
- filing of complete secondary application within required 12 month period.
The Patent Co-operation Treaty (PCT)
The Patent Co-operation Treaty allows for the single filing of an international application within a Receiving Office of the PCT, to initiate the filing of a complete application in every member country and region of the PCT. Krouzer IP can expertly guide our clients through the PCT requirements. We follow strict procedures when entering an International Phase, outlined below:
- conduct prior art search
- receive and advise on formal Written Opinion as provided by an International Searching Authority
- provide comment on the Written Opinion, making amendments to the patent specification to address and overcome deficiencies, and/or to defend claims.
Before the completion of the International Phase, the PCT applicant must enter the National or Regional Phase in one country or region and be subjected to the remaining stages of assessment in order to have the patent granted. Krouzer IP can offer professional insight into the ideal time to lodge this, depending on the client’s need, and according to the PCT requirements, whereby an applicant can effectively defer entering the national or regional phase for between 30-31 months, depending on the country. This can help delay the cost involved in filing complete applications in a large number of countries and regions, without losing priority rights back to the first filed application(s) in Australia.