{"id":10624,"date":"2025-07-18T10:00:10","date_gmt":"2025-07-18T10:00:10","guid":{"rendered":"https:\/\/www.dhenne-avocats.fr\/?p=10624"},"modified":"2025-06-19T14:59:04","modified_gmt":"2025-06-19T14:59:04","slug":"is-a-patent-valid-in-all-countries","status":"publish","type":"post","link":"https:\/\/www.dhenne-avocats.fr\/en\/is-a-patent-valid-in-all-countries\/","title":{"rendered":"Is a patent valid in all countries ?"},"content":{"rendered":"

Understanding the territorial scope of an industrial property right<\/h2>\n

When we think of a patent, we often imagine that it protects an invention worldwide. However, this preconceived idea does not correspond to legal reality. By its very nature, a patent is a territorial right, meaning that it only has effect in the countries where it has been validly granted or recognized. If you're an inventor, entrepreneur or simply curious about industrial property law, it's essential to understand the geographical limits of patents if you want to secure your innovation.<\/p>\n

The patent: a territorial right by definition<\/h2>\n

A monopoly limited to a territory<\/h3>\n

A patent is a legal title which confers on its holder an exclusive right to exploit a technical invention. This right prevents any third party from manufacturing, using, selling or importing the invention without authorization. However, this monopoly of exploitation applies only in countries where the patent has been granted.<\/p>\n

In practical terms, a patent obtained in France only protects the invention on French territory. It cannot block a competitor marketing the same invention in Germany, the United States or China, unless specific steps have been taken in these countries.<\/p>\n

Every country, every system<\/h3>\n

Each country has its own patent system, with its own rules, procedures, time limits and fees. Even if international conventions harmonize certain substantive rules, there is no worldwide patent that is automatically valid in all countries.<\/p>\n

This means that to obtain international protection, an inventor must choose the countries in which he wishes to protect his invention, and take the appropriate steps in each of them, or via centralized procedures provided by regional or international agreements.<\/p>\n

Solutions for extending a patent abroad<\/h2>\n

National deposit in each country<\/h3>\n

The simplest but most restrictive method is national filing, which involves filing a separate patent application in each country where protection is sought. This solution offers great freedom of choice, but involves repeated administrative formalities, translations, the use of local agents and the payment of fees specific to each jurisdiction.<\/p>\n

This route is appropriate when targeting a limited number of countries, or when other options are not available for the targeted territory.<\/p>\n

The European patent: regional protection<\/h3>\n

To protect an invention in Europe, you can go through the European Patent Office (EPO). This system makes it possible to file a single application, which, after examination and grant, can be validated in several member states of the European Patent Convention (EPC).<\/p>\n

Once a European patent has been granted, it must be validated nationally in each designated country (except in the case of unitary effect), which may involve additional costs and formalities . The European patent thus remains a collection of national patents, with independent effects in each country concerned.<\/p>\n

Since 2023, a European patent with unitary effect has made it possible to obtain homogeneous protection in several EU member states, considerably simplifying post-grant procedures, but not yet covering all European countries.<\/p>\n

The PCT (Patent Cooperation Treaty) system<\/h3>\n

The most effective way of seeking worldwide protection is to use the PCT (Patent Cooperation Treaty) procedure, administered by the World Intellectual Property Organization (WIPO). This procedure does not grant an international patent, but it does enable a single application to be made for the extension of a patent in over 150 countries.<\/p>\n

The PCT comprises two phases :<\/p>\n