Patent in another country

Question

We are developing a mobile app with the intention of launching it in our country while to host the server in India. We are worried about the patent registration that will cover global jurisdictions. What is the right way of patenting in which it will enjoy protection globally?

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Answers: 4 public & 0 private

Steven weinrieb
Patent Attorney

Patents are territorial, therefore you need to patent your app in each country in which you believe that you want to do business. So, if you file a patent app in India, then you need to file a PCT application within one year from the date of your filing in India - PCT effectively opens the door for you to worldwide jurisdictions which you must select within a particular period of time, normally 30 months from the date of your filing of your original application in India. PCT also permits you to enter groups of countries, for example, if you file a European patent application, you can effectively obtain a patent which will provide protection in many of the European countries. There are some exceptions - for example, and for some reason, Taiwan is not a member of PCT, therefore you need to file in Taiwan directly within the one year from the filing of your application in India.

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