In today's global economy, protecting an invention only on national territory is often no longer enough. For an innovative company or an inventor, ensuring that their innovation is protected beyond national borders is becoming a major strategic challenge. Contrary to popular belief, there is no such thing as an automatic "world patent". In fact, a patent is a territorial right: it is only effective in the countries where it has been filed and granted. Extending your patent internationally therefore requires an appropriate legal and administrative strategy. This article offers a clear and accessible explanation of the main ways of protecting an invention in several countries.
Why protect your invention abroad?
A patent issued by the Institut national de la propriété industrielle (INPI) confers on its holder a monopoly of exploitation limited to French territory. If the invention is to be used in other countries, or if there is a risk of it being copied abroad, it is essential to consider extending protection internationally. This approach secures the innovation in the target markets, preserves its competitive advantages, enhances the value of the company in the context of investments, and prevents any unauthorized exploitation in third countries.
The priority right mechanism
One of the first basic concepts you need to be aware of is the right of priority. From the date of filing of your first patent application, you have a period of twelve months to extend your protection to other countries, while retaining the initial filing date as your starting point.This right derives from the Paris Convention for the Protection of Industrial Property. It guarantees that subsequent applications filed in other states during this period will be considered as if they had been filed on the date of the first application. This allows you to anticipate and secure your international strategy, without losing the anteriority of your invention. After this period, it is still possible to file abroad, but you will no longer benefit from this priority, which can cause difficulties if the invention has been disclosed in the meantime.
National deposit in each country
The first option is to file your patent application directly with each national office in the countries where you wish to obtain protection. This approach is suitable if you are targeting a limited number of territories. However, it requires you to comply with the specific requirements of each country, notably in terms of language, form, procedure and payment of fees. It is often necessary to use a local agent, which can generate significant costs. This route offers the advantage of total autonomy between the various applications: the failure of a procedure in one country has no impact on the others. On the other hand, it quickly becomes cumbersome to manage if you are targeting several countries.
European patent
If your ambitions are mainly confined to the European continent, the filing procedure with the European Patent Office (EPO) is an efficient way of doing this. With a single application, you can target up to 39 member or partner states of the European Patent Convention. Applications can be filed in English, French or German, and are examined centrally. Once the patent has been granted, it must be validated in each of the designated countries before coming into force locally. Depending on the case, this validation involves providing translations, paying fees and, in some cases, appointing a local representative. It is therefore not a single patent for Europe, but a set of national patents derived from a common initial procedure.
The European patent with unitary effect
Since 2023, a new possibility has been available with the European patent with unitary effect. This is an alternative to the traditional system, whereby a single application to the EPO can be used to obtain uniform, centralized protection in those EU member states that have ratified the Unitary Patent Agreement. To date, eighteen countries are participating in this system, and others may join. The main advantages of this option are administrative simplification, reduced validation costs and centralized management of post-grant procedures. In the event of litigation, the Unified Patent Jurisdiction is competent to rule on the validity and infringement of these unitary patents, offering greater legal clarity. However, it is possible to combine a European patent with unitary effect with a French national patent to benefit from double protection.
The PCT (Patent Cooperation Treaty) procedure
The most flexible and frequently used route to worldwide protection is the PCT, an international treaty administered by the World Intellectual Property Organization (WIPO). Under this procedure, a single, international application can be filed, with effects in over 150 countries. This is not an international patent as such, but a centralized mechanism for delaying and streamlining extension procedures.
The PCT procedure is divided into two phases. The international phase begins with the filing of the single application. This phase includes an international search to assess the state of the art, publication of the application after eighteen months, and the possibility of requesting an international preliminary examination. This stage provides an initial opinion on the patentability of the invention. Then, thirty or thirty-one months after the initial filing date, the national phase begins. The applicant must then choose the countries in which he wishes to enter the national phase, make the necessary translations, pay the required fees and comply with local rules. This system has the major advantage of deferring major expenses and allowing time to assess the commercial value of the invention abroad.
Other regional offices
Outside Europe, there are other regional mechanisms for filing a single application for several countries. These include the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Eurasian Patent Organization (EAPO) and the Cooperation Council for the Arab States of the Gulf (GCC). Like the EPO, these systems enable you to file a centralized application that will be valid in all member countries of the organization concerned.
Specific requirements in France
It should be remembered that all French residents, or companies based in France, are required to file an initial registration with INPI before any extension abroad. This obligation stems from national security considerations. Some sensitive inventions even have to undergo a special procedure, with paper filing and notification of the Direction Générale de l'Armement. It is therefore essential to check whether your invention falls within this specific field before embarking on an international process.
Key Strategies for Expanding the International Protection of Your Patent
Extending patent protection internationally is an essential step for innovators wishing to secure their rights in several countries. Between national filings, regional procedures and the PCT system, there are many options to choose from, depending on your business strategy, available budget and target markets. Compliance with the twelve-month priority period is a key factor for effective extension without loss of rights. Finally, given the complexity of the rules applicable in each jurisdiction, it is strongly recommended that you seek the support of an industrial property attorney or specialized lawyer. This professional will be able to guide you in choosing the procedures best suited to your situation, and optimize the scope of your international protection.