Two proven strategies for securing global patent protection. Understand every milestone, deadline, and decision before you begin.
158
PCT member countries
30
Months to decide where to file
3–7
Years to patent grant
20
Years of protection
Provisional Application → PCT → National Phase
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File a lower-formality application with the USPTO to lock in your priority date and gain 'Patent Pending' status. The provisional is never examined and automatically expires after 12 months, but it buys critical time to refine your invention, validate your market, and raise funding before committing to full prosecution costs.
Key facts
File before any public disclosure, investor demo, or product launch. Many non-US countries have absolute novelty requirements — even a single public presentation before filing can destroy international patentability.
File a single PCT application via WIPO to preserve your rights in up to 158 countries simultaneously. One application replaces what would otherwise be dozens of separate national filings. Choose an International Searching Authority (ISA) to conduct a prior art search — the result shapes your prosecution strategy in every country.
Key facts
Strategic ISA choice matters. If Europe is your primary target, use the EPO as ISA — a favourable EPO search report carries significant weight into examination. KIPO (South Korea) is strong in electronics and software and is more cost-effective.
The ISA issues a Written Opinion and a list of prior art references, giving you an early patentability assessment across all PCT member states. This is your most important strategic checkpoint: a strong report means confident national phase entry; a negative report is your signal to amend claims or rethink which countries to pursue.
Key facts
Review the Written Opinion with your patent attorney before committing to national phase countries. A negative opinion due to unexpected prior art may mean narrowing your strategy — far cheaper to do now than after filing in ten countries.
Choose which countries to enter. Each requires a separate national filing, local patent agent, and often translation. The 30-month deadline from your provisional is absolute in most jurisdictions — missing it means permanently losing rights in that country. US, EPO (covering 45+ European states), China, and Japan cover most of the world's economically significant patent markets.
Key facts
Build international prosecution costs into your Series A financial model. A typical 4-country portfolio requires significant runway — plan for both national phase entry and the prosecution period that follows.
After examination and any required amendments in each jurisdiction, your patents issue. Each granted patent gives you enforceable rights to exclude competitors from making, using, or selling your invention in that country for up to 20 years from the original filing date. Rights can be licensed, sold, or used defensively against infringers.
Key facts
After EPO grant, validate in Germany, UK, France, and Netherlands at minimum — these are the four largest European patent markets. The post-grant validation window is just 3 months; missing it means losing protection in those countries permanently.
Capital efficient
A provisional is significantly less expensive than a full utility application. Defer the large spend until you have market validation or a funding round.
Aligns with fundraising
File provisional before your seed pitch, PCT during Series A, national phase around Series B when international expansion becomes concrete.
30 months to decide
You have 2.5 years from your provisional filing date to determine which markets actually matter before committing on a per-country basis.
US Utility Application → PCT → National Phase
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File a full non-provisional utility patent application directly with the USPTO. Unlike a provisional, this enters the formal examination queue immediately. The application must contain finalised claims, a complete specification meeting enablement and written description requirements, an inventor oath, and drawings. Examination begins within 12–24 months.
Key facts
This path makes sense when your invention is fully developed, the US is your primary market, or a competitor is filing in the same space and speed to grant matters. Many funded startups choose it to compress US prosecution timelines.
Within 12 months of your US utility filing, file a PCT application claiming priority to it. The mechanics are identical to Path 1 from this point: one application covers 158 countries, an ISA conducts the prior art search, and you receive 18 more months before committing to national phase entry. The priority date is the US filing date.
Key facts
A key advantage: because US examination starts at month 0, you may receive — and respond to — a US office action before your 30-month national phase deadline. A positive US prosecution record can support faster allowance in other jurisdictions.
The ISA issues the same Written Opinion and prior art report as in Path 1. The strategic checkpoint is identical: review the report with your patent attorney, amend claims if needed, and decide which national phase countries to pursue. Your concurrent US prosecution may have already surfaced relevant prior art, making this review more informed.
Key facts
National phase entry follows the same process as Path 1. The difference: your US application may already be at an advanced prosecution stage — potentially with allowed claims. A US allowance before national phase entry strengthens your negotiating position and can accelerate examination in countries that follow US prosecution closely.
Key facts
Japan, Australia, and Canada often follow US prosecution closely. An issued US patent can meaningfully accelerate grant in those jurisdictions, reducing overall international prosecution time and cost.
The key difference from Path 1: your US patent may grant 12–24 months earlier because prosecution started at month 0 rather than month 12. International grants follow the same timeline as Path 1 in each jurisdiction. An earlier US grant can be material if licensing discussions, competitor activity, or investor exit timing are considerations.
Key facts
Fully developed invention
All embodiments, best mode, and claims are clearly defined. No 12-month refinement window needed — filing a provisional first would only add steps.
Speed is critical
A known competitor is filing in the same space, a licensing deal is pending, or investors need a granted patent before a funding round closes.
Well-funded company
Series A or B funding is in hand. The higher upfront cost is manageable, and the total cost through US grant is actually lower than filing a provisional first.
Both paths lead to the same destination. The difference is flexibility, upfront commitment, and speed to US grant.
| Factor | Path 1 — Provisional → PCT | Path 2 — US Utility → PCT |
|---|---|---|
| Upfront filing cost | Lower — defer to PCT phase | Higher — all costs upfront |
| Total cost through US grant | Higher (two separate filings) | Lower (one filing) |
| US examination start | Month 12 (delayed) | Month 0 (immediate) |
| Time to US patent grant | 3–4 years from provisional | 2–3 years from filing |
| Claim flexibility | High — 12 months to finalise | Lower — must be final at filing |
| International rights window | 30 months from provisional | 30 months from US filing |
| Countries covered (PCT) | 158 countries | 158 countries |
| Ideal stage | Pre-seed / Seed | Series A / B |
| Best when | Invention still evolving, budget constrained, need runway to validate | Invention complete, competitor threat, fast US grant needed |
If you answer yes to most of the points in a column, that path is likely the better fit.
Choose the Best Practice Path if...
Choose the US-First Path if...
For tech startups — representing over 90% of the world's economically significant patent markets
United States
English
Tier 1European Patent Office
EN / FR / DE
Tier 1China
Chinese translation
Tier 1Japan
Japanese translation
Tier 1South Korea
Korean translation
Tier 2India
English
Tier 2Canada
English
Tier 2Australia
English
Tier 2Patenti.AI guides you through every step — from capturing your invention disclosure to drafting a patent-ready application. Both paths, fully supported.