Territorial application

Industrial property rights are territorial in nature, applies only to the territories for which the respective powers of the grant authority, which granted the rights. Initially, these authorities are national patent and trade mark offices, under international treaties there are several so-called regional authorities. Substantive and formal requirements for applications, the procedure of the registration with the foreign office, including official language, fees, time management, etc. are given by the legal regulations of each state and may, in particular as regards the formalities of registration and the registration procedure, vary from state to state. In the vast majority of states, however, the applicant is domiciled in their view abroad, he/she must choose to interact with the local office qualified, i.e., in the state for such services legitimate representative. Then, the representative shall provide the applicant with all information relating to applying abroad. For registration of industrial property rights abroad is an important concept called "claim priority”. This Institute allows maintaining the priority of the first filed application for registration filed with the same subject in other states. The condition is that the application claiming priority must be applied the first from the date of filing ("priority"), which established the "claim priority":

  • within12 months in the case of patent applications and utility model applications
  • within 6 months for industrial design applications.

Patent protection is limited geographically, i.e. it is possible to register a patent in force only in a particular area or to extend the validity of each country in Europe or the USA. Register the invention can be conduct abroad in three ways: national way, European patent and international patent application – PCT.