artis said:
Thank you guys for the suggestions so far. Well back when I spoke with the patent advisor from my local patent office , well i don't remember everything but he basically advised me to file a international patent application in any case because the sums are similar to filing a local patent , well a bit higher of course, but still the reason was this because then I have both the safety of a patent that is pending and meanwhile I can search for partners and if I find some then I can simply fill an application request in the country in consideration.
At least i was told this then would be easier than simply filling a local patent and then trying to get individual patents in different countries if necessary.
Another reason being that the international patent let's me to easily get also a local patent if necessary but a local only patent means I can only do things within my own country but in my country we have very few industrial plants and activity at all apart from two universities and maybe some guys like me doing their own research in their backyard garage.
(1) By "the patent advisor from my local patent office" I assume you mean a government staff member who works for your home country's patent office. Is that correct? At least in my dealings with staff members of the USPTO (US Patent and Trademark Office), I've found that the information I've received is often incorrect. However you proceed, you also need to confirm the information with a patent practitioner who represents you.
(2) When you file foreign patent applications (i.e., in countries outside your home country), you can proceed via one of two routes: (a) the Paris Convention or (b) the Patent Cooperation Treaty (PCT) [a PCT patent application is also referred to as an international patent application]. Again, you should discuss with your patent practitioner the pluses and minuses of each approach. In your case, a particular concern is which approach will minimize the up-front costs to you, while preserving your future rights to file in target countries of interest [assuming you find financing of some sort later]. In the US, it’s far less expensive to file a US application than a PCT application, especially for individual inventors. In your home country, that may not be the case, especially if your home country receives a discount on certain PCT fees; see list of countries here:
https://www.wipo.int/export/sites/www/pct/en/fees/fee_reduction_july.pdf.
(3) You actually have 3 filing strategies (assuming your home country follows the Paris Convention and is a member of the PCT; you should verify):
(a) File a national (or, in your instance, European regional if you qualify) application in your home country first. Within one year, then file in target countries following the Paris Convention; list of countries following the Paris Convention are given here:
https://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=2.
(b) File a national (or, in your instance, European regional if you qualify) application in your home country first. Within one year, file a PCT application. Within PCT time limits, then file a national phase/stage application in target countries that are member states of the PCT. Member states of the PCT are given here:
https://www.wipo.int/pct/en/pct_contracting_states.html. Time limits are given here:
https://www.wipo.int/pct/en/texts/time_limits.html. The default deadline is 30 mo from the priority date; but there are important exceptions. Note that the PCT application is primarily a placeholder; in particular, it never matures into an international patent. Within the time limits, you must file a national phase/stage application in each target country (of course, you incur fees for each target country).
(c) File a PCT application first. Within PCT time limits, then file a national phase/stage application in target countries that are member states of the PCT. Verify that your home country allows you to do this. Some countries require you to file a national application in your home country first.
(4) Note that special rules apply for Taiwan, since it’s not a PCT member. Taiwan is a major manufacturer of semiconductor devices. Companies involved in semiconductor devices or equipment for fabricating semiconductor devices frequently file for patent protection there. If Taiwan is a target country for you, discuss Taiwan filings with your patent practitioner; also see the following for background information: https://www.lexology.com/library/detail.aspx?g=aeab6d3d-767c-40f3-ba0c-dde393ab2c53 .
(5) There are other countries that require special handling, but they typically are not of commercial interest.
This should give you plenty to think over and discuss with your patent practitioner. And, yes, applying for patent protection is a gamble. Good luck.