How to Patent a Product in Foreign Countries?

July 09, 2018

To carry out a successful patent process and to ensure the creator of an innovative product that it will be unique in the world, it is necessary to seek legal guidance from a Colombian lawyer, because the invention may not exist in its country of origin, but it may exist in another country and this will stop its international scope. The extensive knowledge of specialists in patent registration will help inventors to understand what all the process is about. Besides, with the professional aid, the patent registration of a new product or the substantial enhancement of an existing product will be done in the right way to protect it and prevent a third party from exploiting it without permission of its owner.

The purpose of this Blog Post is that you learn how to make a patent process not only in the country of origin but abroad so that your product can be exclusively marketed and protected beyond its borders.

What is to Patent?

It's not a secret for anyone that the product improvements and innovative solutions are a great source of income for their creators. However, these inventions must go through a registration process to protect them legally and so the owners will have the peace of mind that their earnings are secure. To patent is nothing more than obtaining exclusive rights granted by the State to the author of an invention, improvement, product or technology to be freely commercialized, nationally and internationally with the certainty that a third party will not take their ideas to make them their own, without the owner's permission. International brand consultants can make the patent registration process, national or international, according to the creator's requirements.

Types of Patent

When a creator wants to process a patent in Colombia, he must take into account that two types of patent are granted in the country: one is a patent for inventions, which protects a product or an innovative procedure; the other is the utility model patent that safeguards the improvements that are made to a tool, instrument, device or mechanism that already exists and that provides a superior operation to the previous one or an additional advantage. If you want to know other important details about patents, such as its importance, what you can patent and the geographic scope of a patent, you can check out our previous post Consultants in Patent and Trademark Registration Explain the Importance of Copyright.

How is The Process to Patent a Product Abroad?

First, the owner of the product must seek an expert patent registration lawyer, to guide you and explain to you how the patent registration process in Colombia and abroad is. The system used to make an international patent is called PCT or Patent Cooperation Treaty. Experts in patent will inform you about the steps to follow for the registration to be successful and the most important, for the product to be unique, authentic and that is protected by its creator.


To initiate the patent registration process, the creator of an invention needs to accomplish a legal procedure for the product to be patented. These steps are the examination of form, publication, and opposition, the request of the patentability examination and the substantive examination.

What is the Patent Cooperation Treaty?

PCT is a cooperation treaty that helps inventors that search for international protection for their creations. When people make an international patent request, they have the benefit of protecting their products in several countries around the world.
This is an international treaty that is valid in approximately 149 countries and to request the international patent modality the applicant must accomplish 6 stages of the process.

1. International Search: Consists in doing a detailed search in the country of origin and in the rest of the world, to determine if there is an invention with the same characteristics or similar to those of the applicant. When the search gives negative results, they will proceed to the next step.


2. Supplementary International Search (optional): In case the international search is not enough to the owner, the applicant can request a new search in a variety of languages and other technical fields.


3. PCT Patent Application: It is the international request that the creator of a product makes before a national or regional patent office, or before the World International Patent Organization (WIPO).


4. International Publication: Once you submit your PCT application you will have 18 months to file your patent in individual countries, which is called "nationalizing".


5. National Phase: When the procedure made by the PCT system finishes, the author will ask to national or regional patent offices of each country from where they wish to obtain a patent, to be granted permission to register the patent. This will be possible 30 months after the initial date of the presentation.

How to Protect an Invention in Foreign Countries?

Patents are territorially limited and for the registration to be valid in foreign countries there are different ways to carry out the process:

1. Through the Paris Convention: According to the (WIPO), the applicant can present several patent requests at the same time, in all the countries member of the Paris Convention, within a period of 12 months from the date of presentation of the first patent application.
   
   
2. PCT Route: According to the WIPO, the applicant can file an application under the PCT, directly or within a period of 12 months from the date of a first application, which is valid in all the Contracting States of the PCT and, therefore, it is easier and more cost-effective than through the Paris Convention.
   

Consultants in international patent registration use the PCT system from their office to submit patents around the world, centralizing the different stages of the national and international phase in the countries that the applicant wishes. The centralization of patents allows reducing costs and professional fees related to the protection of the inventions of the applicant.

Whether you live in Colombia or abroad and you need an international patent consultant to begin the process of patenting a product, it's time for you to look for professionals at tag.SiteName. Our patent specialists will provide you with a personalized service to register your product wherever you wish. Call us at +57 310 5706331 or fill out the contact form below. We'll be glad to assist you.

If you found this article helpful then let us know in the comments section below. Likewise, feel free to share it using the share options below. Want us to cover another topic of your interest pertaining to legal affairs? If so, then like us and follow us on social media, and post to any of our social media profiles the topic you'd like us to discuss: Facebook AGT Attorneys and Twitter @AttorneysAGT