What are the different types of patent application?
When it comes to protecting your invention, filing a patent application is a crucial step in securing exclusive rights to your creation. A patent grants you legal protection, preventing others from making, using, or selling your invention without your permission. However, not all patent applications are the same. Depending on the nature and development stage of your invention, you may need to choose the right type of application. The different types of patent applications are:
1. Provisional Patent Application
A provisional patent application is a temporary filing made when your invention is still under development. It gives you 12 months to file a complete application while securing an early filing date, which helps protect your invention from being considered prior art. It allows you to further refine your invention before filing a full application.
2. Ordinary (Non-Provisional) Patent Application
This is the standard patent application filed when your invention is ready for full disclosure. It includes a detailed description, claims, and drawings that outline your invention. Once filed, this application will undergo a thorough examination process, and if granted, it will provide you with full patent protection.
3. Convention Patent Application
If you’ve already filed a similar patent application in a convention country, you can file a convention application in another country to claim the priority date of the original filing. It ensures that your invention is protected in multiple countries within 12 months from the initial filing date.
4. PCT International Patent Application
A PCT international application allows you to seek patent protection in multiple countries under the Patent Cooperation Treaty (PCT). While it does not grant an international patent, it provides a streamlined process to file in up to 153 countries, giving you up to 31 months from the priority date to decide where to file. It also offers an international search report, helping you assess the patentability of your invention before making decisions on individual country filings.
5. PCT National Phase Application
After filing a PCT international application, you need to file a national phase application in each country where you seek protection. Typically, this must be done within 31 months from the priority or international filing date. It is in this phase that the actual patent examination begins in each country, following their specific patent laws and regulations.
6. Patent of Addition
A patent of addition is for minor improvements or modifications to an existing invention that has already been granted a patent. This application is linked to the parent patent and shares the same renewal fees and term. It can only be filed after the original patent is granted and is not subject to a separate renewal fee, expiring along with the main patent.
7. Divisional Patent Application
A divisional patent application is filed when an original application claims more than one invention. If your original application covers multiple inventions, you can divide it into separate applications, each claiming priority from the original. These divisional applications share the same priority date as the parent application.
Each type of patent application serves a specific purpose, depending on the nature of your invention and the protection you need. By choosing the right type of application, you can ensure that your intellectual property is effectively protected across various markets and jurisdictions.