Is a national patent useful for a subsequent international application?

Question

If I apply for a patent in just one European country, is there a way to later expand the patent over different countries? Can I use the priority date from the national patent for the application in other countries or a European patent?

Answers: 2 public & 1 private

Steven weinrieb
Patent Attorney

The short answer is yes, but there is a time limit. When you file a patent app in a first country, you can file a PCT application within one year of that first filing which then opens the door to other European countries as well as countries outside of Europe, but the PCT filing must be filed within one year from the date of your first application filing.

Brian chandler
Translator

If you believe you will file in other countries, a PCT application is your best option rather than filing in just one European country. Although it is more expensive than a national filing, a PCT application will grant protection in up to 148 countries. However, you will need to eventually file for specific country/region protection no later than 30 months after the earliest filing date of your initial application.

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