As we have seen earlier, patents are territorial and thus those countries where you have no patent protection are open for any of your competitors to exploit. Thus, ideally you should seek patent protection in all those countries where you expect to market or manufacture your invention, provided it makes commercial sense to do so. In other words, you should seek to evaluate the cost of obtaining patent protection in a particular market against the anticipated revenue or other benefits that might arise from that market, and make your patenting decision on purely business grounds.

When you seek patent protection for your invention in more than one country, it is important to know that under an international convention you can file a patent application in almost any country of the world and, provided you do it within 12 months of the first filing of your application, it will be treated by those other countries as if you had filed it with them on the same date as your first filing.

If you decide to get patent protection in two or more European countries that are members of the European Patent Convention (EPC), then the best course is usually to file an application at the European Patent Office (EPO) designating those countries rather than seek separate protection from each country.

You may however, decide that the market for your invention goes well beyond Europe. If such is the case, then you should consider filing a Patent Co-operation Treaty (PCT) application. The PCT is an international treaty administered by the World Intellectual Property Organisation (WIPO - a specialised United Nations agency head-quartered in Geneva). The PCT makes it possible to seek patent protection simultaneously in over 100 countries by means of a single application. A major commercial advantage of using the PCT route to patent protection is that it enables you to defer the high cost decisions such as the filing of translations for as long as possible.

Whatever route you decide to follow, your Patent Attorney will be fully aware of all the steps that need to be taken.

It often takes several years to obtain a granted patent with the average time being about two and a half years in the UK; rather longer at the EPO. It is possible to request the UK Patent Office to expedite the processing of the application so that a granted patent can be secured more quickly. Under this procedure at least one patent has been granted within 10 months of the filing date. Here again your Patent Attorney will advise you as to the best course to take since rapid grant may not always be in your best interests.

This Guide is intended to give an insight into some of the basic features of the patent system. It cannot, and does not seek to, answer all the questions you may have but hopefully it will assist you in deciding the best way to get the most out of your inventions.

• Don't make the details of your invention public before filing a patent application.
• To get a patent, your invention must not have been disclosed publicly anywhere in the world before you apply - even by yourself.
• Ignorance that you are infringing someone else’s patent is no defence.
• Patents are not kept secret - their contents are published, usually 18 months after application.
• A national patent only gives you rights in that country - to stop someone from making use of your invention in another country, you need a patent in that other country.
• The European single market does not override national patent systems. The borders are still there for patented inventions.
• You have to police your own patents, or get someone to do it for you.
• If you don’t access patent documentation, you are cutting yourself off from the world’s richest store of technical information.
• Avoid litigation if you possibly can.
• Always get professional advice - it is easy to go wrong.

Select a firm of patent attorneys from the Institute's Directory of Patent Attorneys, or book an appointment at one of the clinics held around the country.

Pages such as these cannot be exhaustive and can only provide a very simplified discussion of intellectual property, which abounds with exceptions and peculiarities. The Chartered Institute of Patent Attorneys, as a body, can take no responsibility for anything done or not done as a result of reading these pages or those referred to by hyperlinks from these pages. In all matters regarding intellectual property you are recommended to take professional advice.