The need for international patent registration arises from the desire to provide the broadest possible protection for a patent. While a registered patent grants protection globally in principle, this protection is effective only within the country where the patent is registered. Therefore, to secure protection against any use of the invention in other countries, the inventor must file an international patent application.
Authority to File an International Patent Application
Chapter G’1 of the Patents Law, 1967, regulates the authority to file international patent applications. According to this chapter, the mechanism for filing international applications is governed by the Patent Cooperation Treaty (PCT), which has been signed by most countries worldwide (around 180 signatories).
Before the establishment of the PCT framework, a patent owner had to submit separate applications in each country and navigate the complex and lengthy bureaucratic process of local patent registration. The purpose of the PCT is to prevent this and simplify the international registration process for patent holders.
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The International Patent Registration Process
Once the international application is filed, the Israeli Patent Office verifies that it meets the basic registration requirements and then forwards it to the International Searching Authority. This authority conducts a search for similar patents in the requested countries and issues a report assessing the patentability of the invention (i.e., evaluating whether the invention qualifies for patent protection).
The applicant receives the search results and report, which help decide whether to proceed with registration in additional countries. If the inventor chooses to continue, separate applications must be filed in each country, where each will be examined according to local patent laws.
Due to the complexity of this process and the need to understand different countries’ patent regulations, it is strongly recommended that inventors consult a patent attorney throughout the procedure.
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Advantages of the International Registration Mechanism
This extended period allows inventors to raise funds for filing and to prepare applications efficiently, ensuring compliance with the local requirements of each country.
Furthermore, the report issued by the International Searching Authority provides the inventor with a meaningful indication of the likelihood of acceptance, helping predict whether the invention is likely to be granted a patent. In many cases, consulting an intellectual property attorney is recommended to navigate these steps effectively.
