Stevens Hewlett and Perkins
Guide to Intellectual Property
Introduction to IP Summary table of GB IP Patents Industrial Design Patent and Design Searches Trade Marks Know How
PATENTS
Background; The Patent Specification; Filing a Patent Application; Ownership of Patents; Foreign Applications; European Patents; Patent Co-operation Treaty (PCT); The Paris Convention; First Publication; The Granted Patent; Product Marking; Summary of Stages of Progress of typical British Patent Application.

The Paris Convention

This is a long-established international convention to which almost all countries of the world adhere. Its most important provision, as far as we are concerned, is that it allows patent applications filed abroad to be backdated to the date of filing of your original home application. This, however, is subject to the condition that any such foreign applications are filed within one year of your home application. The significance of this convention is that, at the time you file your original "informal" application, at a time when the invention is hardly developed, and is certainly not proven in the market place, you are not faced with having to make important and potentially expensive decisions as to the countries in which you require coverage. You have a whole year to make the decision, secure in the knowledge that any foreign application you file within that year will be backdated to the date of filing your home application.

The Paris Convention applies to European and International (PCT) applications in the same way as any other foreign application. Thus you can file a British "informal" application, and follow this up in one year's time with a European or International application which is effectively backdated to the British filing date. Since Great Britain is one of the countries which may be designated in a European or an International application, it often makes sense to designate Great Britain, and then save money by abandoning the British application because it is now redundant.

For patents in chemistry, metallurgy, biochemistry and biotechnology, contact Stephen Wilkinson in our Bristol office.

For patents in physics, electrical engineering, general engineering and computing, contact Chris Boydell or Sarah Perkins in our London office or David Marles in our Bristol office.