Patent in India or USA or UK

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In this article, we discuss where to fill a Patent first: India or USA or UK. Patents are crucial for a business to remain competitive and filling it at the correct Country helps you maximize your profits.

Table of contents:

  1. Why patent is needed in different countries?
  2. File a Patent in USA
  3. File a Patent in UK
  4. File a Patent in India

Let us get started with understanding where to fill a Patent: India or USA or UK?

Why patent is needed in different countries?

Every country has different patent laws. So, if an invention A has been accepted as a Patent in an Country, then it is not necessary that it will be also accepted in other countries.

For example, Patents in USA (through USPTO) cover a wide range of domains which other countries do not cover yet. For example, USA cover more Software Patent domains than India. India is more stringent in case of Software Patents and mentions that Patents should have technical application.

Therefore, if you want protection of your Invention in a particular country, then you must apply for Patent in that country. Hence, a Patent in USA does not hold any value in India and hence, one can freely use the USA Patent in India without any legal implications if no corresponding patent in India exists.

It is important to file Patents in all Countries in which you want to market your product using your Invention. Most Companies target a few set of Countries such as:

  • USA
  • UK
  • Germany
  • India
  • Japan
  • Australia

For standard Companies, the first choice is always USA. Once the patent application is filled in USA and the company sees a lot of potential in the Invention along with plans to use it for a wider audience, then Companies fill applications in other Countries like UK, Germany and India.

File a Patent in USA

You should file a Patent in USA through USPTO first if you satisfy one of the following points strongly:

  • USA is a major marketplace for the product where your invention will be used.
  • Your invention is a Software related Invention. Note: USA is the best destination of Software Patents currently.
  • You plan to sell your Invention to a Competitor Company based in USA.
  • You have no specific product or application in mind yet. You just want to get your Invention patented for future scope.

Note that you are a citizen of another Country, then you must create the Patent rules of your country before filling a patent in USPTO in USA. You may have to submit a copy of your patent draft to your Country Patent Office and get written permission. This process may take upto a month.

If you are a citizen of India

If you are a citizen of India, you cannot fill a patent in USA (USPTO) directly. To fill a patent in USPTO, you need to:

  • Get Foreign Filing Permission (FFP) from the Controller of patents in India. This may take up to 21 days.
  • Wait for 6 weeks after filling a patent in India (only applies if you have already filled a patent application in India)

The above condition comes under Section 39 in Patents Act 1970. It is used to keep all inventions related to National Security and Defense within India. Other patents on Software or Algorithms will be approved.

File a Patent in UK

You should file a Patent in UK through UK Intellectual Property Office first if you satisfy one of the following points strongly:

  • United Kingdom (UK) is a major marketplace for the product where your Invention will be used.
  • You plan to sell your Invention to a Competitor Company based in UK.
  • Your Invention will be used in a Software Product which you expect to blow up quickly. In this case, you must fill Patent applications in all major countries like USA, UK, India, Japan, Australia and Germany.
  • Acceptance of Patents is quicker compared to other Countries and hence, you may go for it if you want to stop competitors.

File a Patent in India

You should file a Patent in India first if you satisfy one of the following points strongly:

  • India is a major marketplace for the product where your Invention will be used.
  • You plan to sell your Invention to a Competitor Company based in India.
  • Your Invention will be used in a Software Product which you expect to blow up quickly. In this case, you must fill Patent applications in all major countries like USA, UK, India, Japan, Australia and Germany.
  • You are a citizen of India and your Invention will directly benefit India either in Military or other applications.
  • Filing a Patent is usually cheaper and can help stop competitors in other Countries as well.

Important points before you apply for a Patent in a given Country:

  • Check the Patent Laws of your Country of Citizenship (like India) and the target Country (like USA).
  • Get permission from your Country for filling Patent in another Country (if needed).
  • Analyze Patent Laws of which Country is most likely to accept your Invention. For example, if it is a Software Invention, then USA is more preferred than India in general (exceptions exist).
  • Consult an Attorney of the target Country (like USA) if you need help or if it is your first Patent application.

With this article at OpenGenus, you must have the complete idea of in which Country to fill a Patent (India or USA or UK).