Guidance

Before filing

The International Patent enables the protection of the invention in approximately 150 countries under the Patent Cooperation Treaty (PCT).

The PCT procedure is simpler, easier and of lower cost than the option of filing separate national or regional applications, when registration of the invention is requested in many countries.

Before you proceed with filing an application for granting an international patent, you must make sure that the following prerequisites are met:

• your idea constitutes a patentable invention and does not exclusively concern the general appearance of a product or a mark that can be protected as a distinct part of your enterprise or products/services. For further information regarding other forms of intellectual property rights, you can refer to the page choosing the most suitable type of intellectual property right;
• you have the ownership of the invention and the right to submit an application for granting a patent. Generally, the right to protect a patent may belong to:
  
  • the inventor or inventors;
  • the lawful successors of the inventor;
  • the inventor’s employer, if the invention was invented during the performance of the employment agreement, unless otherwise agreed between the parties;
  • the person who ordered the invention, if the invention was invented during the performance of the said order, unless otherwise agreed between the parties;
  • to another person to whom the initial beneficiary may have assigned in writing their rights or to such person’s heirs or successors. The protection right may belong to more than one person;
• your invention:
  
  • is new;
  • involves an inventive step;
  • is susceptible of industrial application;
  • its exploitation does not contravene public order or good morals;
  • is patentable;
  • your invention does not infringe third party rights, by searching both on the internet and in available patent databases.

For further information regarding the prerequisites for granting an International Patent, visit the webpage of WIPO.