Introduction To International Patent Protection
A patent is a national right and if you require protection for your invention in a particular country, usually a granted patent must be obtained in that country. However, there are ways to make it easier to file applications in multiple countries at once and in some regions of the world it is possible to obtain regional patent protection.
A European patent application is prosecuted as a single patent application until grant, whereupon it is divided into either individual national patents of the countries designated in the European patent application, or a unitary patent can be requested (currently covering 17 of the 39 European member states of the European Patent Convention).
Other regional patent applications exist in certain Arab States (Gulf Cooperation Council) and in certain African countries (African Regional Intellectual Property Organization (ARIPO) and Organisation of African Intellectual Property (OAPI)), as well as the Eurasian patent system for certain central Asian and eastern European countries.
An international patent application facilitates the filing of patent applications in most of the major markets in the world but does not actually result in an international patent being granted.
The International Application process can last for a maximum period of 30-31 months from the filing date of the original UK informal patent application. After this time, national or regional patent applications in the designated countries need to be filed. A search and optional preliminary examination can be undertaken as part of the international procedure.
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Meet Our Patent Experts
Alex is a fully qualified UK and European Patent Attorney and a Patent Attorney Litigator. She is a Fellow of The Chartered Institute of Patent Attorneys and is a registered professional representative at the European Patent Office and the Unified Patents Court.
Alex joined Bailey Walsh & Co LLP in 1998 and became a partner of the Firm in 2005. She holds a BA in Natural Sciences and a PhD in Medical Physiology & Biochemical Pathways, both from Cambridge University. Alex has been awarded a number of academic prizes for achievement both at University and in her professional career.
Alex has an excellent grounding in a wide range of scientific disciplines including biochemistry, chemistry, physiology, pharmacology, pathology, genetics, microbiology and cell biology. Although Alex’s academic background has been largely in the field of biotechnology and life sciences, she has gained substantial experience in the technical fields of electrical and mechanical engineering, as well as telecommunications, having drafted and prosecuted patent applications in these sectors for over 25 years. Alex advises on patent, design, trade mark and copyright issues.
Alex has a depth of experience in representing clients at Opposition proceedings at the European Patent Office, and also at the UK Intellectual Property Office (UK IPO). Alex works closely with lawyers in the UK and abroad in both the enforcement and defence of our clients’ patent rights.
Alexandra Tomkinson
Graham is a fully qualified UK and European Patent Attorney and a Patent Attorney Litigator. He is a Fellow of The Chartered Institute of Patent Attorneys and is a registered representative at the European Patent Office and the Unified Patents Court.
Graham joined Bailey Walsh & Co LLP in 1990 and became a partner of the Firm in 1997. He holds a Masters of Engineering degree from The University of Strathclyde.
Having gained experience in all Intellectual Property matters, Graham deals with patents and provides detailed advice in this field. His work ranges from the prosecution of new patent applications to the provision of specific advice for prosecution strategies in the UK, Europe and across the world, having had extensive experience of patent procedures in the European, United States, Japan, China, Eurasian, and African Regional and International Patent Systems.
Graham represents many clients at Opposition and Appeal Proceedings at the European Patent Office and works closely with lawyers in the UK and abroad in both the enforcement and defence of patents. He is also extensively involved in advising on patent licensing issues, the assessment of the value of third party patent portfolios and the development of strategies to allow clients to generate patent portfolios to develop income streams is also an important area of his expertise.
Graham Wood
Phil is a fully qualified UK and European Patent Attorney, as well as a fully qualified UK and European Trade Mark Attorney and Patent Attorney Litigator. He is a Fellow of The Chartered Institute of Patent Attorneys, a Member of The Chartered Institute of Trade Mark Attorneys and is a registered representative at the European Patent Office and the Unified Patents Court.
Phil joined Bailey Walsh & Co LLP in December 2006, after a year as a Business Science Fellow at the University of Nottingham gaining experience in how to extract value from the University’s expertise and IP portfolio. Phil holds an MSci and PhD in Chemistry, also from the University of Nottingham.
The multidisciplinary nature of Phil’s doctorate, mixing the disciplines of Chemistry and Chemical Engineering, gave him a solid grounding in many areas of technology including asymmetric chemical synthesis, catalysis, enzymatic reactions, high pressure systems supercritical fluids. As a result Phil handles a broad range of technical subject matter in patent drafting and prosecution including artificial intelligence and medical devices.
Alongside Phil’s patent work he manages clients’ trade mark and design portfolios and has represented many national and international clients before the UK Trade Marks Registry and at the European Office, in both prosecution work, opposition and invalidation actions.
Philip Stephenson
David is a fully qualified UK and European Patent Attorney, as well as a fully qualified UK Trade Mark Attorney and Patent Attorney Litigator. He is a fellow of The Chartered Institute of Patent Attorneys, a Member of The Chartered Institute of Trade Mark Attorneys and is a registered representative at the European Patent Office and the Unified Patents Court.
David entered the profession in 2009, joined Bailey Walsh & Co LLP in early 2012, and became a partner of the firm in January 2020. David holds an MChem (Hons.) degree in Chemistry from Durham University where he gained a very good understanding of all areas of Chemistry. Prior to entering the IP profession, David gained industrial experience in the pharmaceuticals sector working for one of the world’s leading drug development companies. While studying at university, David also gained further academic experience in particle science and engineering working each summer with PhD groups in the engineering department of Leeds University.
David’s patent work covers a broad range of technologies, with a focus predominantly on mechanical and engineering patent matters, drafting patent applications and prosecuting them through to grant, advising and aiding clients with their international filing strategies, and representing clients in opposition and appeal proceedings at the European Patent Office. David’s trade mark qualifications complement his patent work and enable him to provide “full picture” advice to his clients.
David Corbyn
