Now-a-days the Research & Development is playing a vital and inseparable role in the life of a Technology professional. But apart from the fact that most of the PhD Scholars, Small Scale Firms to Large MNCs as well as some other single inventors are performing a rigorous R&D over their intellect, still the question stays at its place how they are strategizing their intellectual protection?
Rising a bit above the previous question, the other fact comes into existence that whether they know a PCT Filling procedure alongwith filling in their Priority Country? If yes, then what is the true knowledge they have in this context?
All these questions might bamboozle the mind of a single inventor or a small scale firm but large MNCs are well acquainted with these questions. Some try to answer these questions in their own manner and one of the answers is common. It is in the form of a misconception that filling the PCT application gives a worldwide protection. On contrary to this, the truth is the PCT filling gives you increased time window to file your patent across the globe. I’m giving you the reason of the said statements:
Reason: The single inventors or mostly the key executives of small scale firm try to pull out the information over social networking websites. Now the questions of them are answered mostly by IP attorneys, key executives of MNCs and also those inventors who use to draft their invention by themselves. Further the misconception rises from the answers of single inventors who just suggest saving the money rather than the intellect itself. They generally answers that file PCT because it offers a global protection but they don’t suggest that how an inventor can protect his/her intellect in the countries he/she is aiming.
Solution: The inventors are always suggested to take the suggestions from an IP attorney or a key executive of a large MNC who always go with attorneys’ answers that PCT filling just increases a time window for National Phase filling. It’s a route rather than the ultimate solution.
How An Inventor Can Manage Their IP On Global Platform
The inventor is always suggested to take the help of an attorney to protect their invention as if their invention has little obviousness then only an IP attorney knows how to prosecute it. This thing holds true for both National as well as International fillings. Specifically for international filling we should proceed in a proper manner, the steps for it are given as:
Level 1: After filling a national phase application, the inventor should list out the countries in which he wants to file his/her invention. This option is always adopted by the organizations that have presence in multiple nations. But for those who are looking at global arena for the first time or those who don’t have any idea about the countries where they want to file their invention, they can take the help of attorneys.
Level 2: Before filling national phase applications through PCT, one should be very clear in mind that whether they are looking for commercial exposure for their invention or not. If yes then the inventor(s) is/are requested to take attorney help in getting a FTO search report, so that they should be very much free from the fear of opposition or infringement in that particular jurisdiction.
Level 3: If the inventor is looking especially at the commercial aspect of his/her invention then he/she should ask to conduct and produce a Market Analysis and Valuation Report for individual countries. This will clarify the inventor(s) that in what priority order they should file their application for national phase.
Dividing the time of filling an application in different jurisdictions eases/relieves the monetary burden from the inventor as well as guarantees the utmost protection in various countries.
Although, this is one perspective for the current issue but the opinions for this context can be more versatile, diversified and might have better solutions which may help the inventor monetary wise as well as provide their invention a shear protection.