Can you get a world wide patent?
Unfortunately not. Well, not yet anyway. However, it is possible to file what is known as an international application or PCT application. PCT stands for "Patent Co-operation Treaty". See the flowchart for international patent applications.
A list of the PCT member countries can be found here. The PCT was formed so that applicants could avoid the need to file applications in all the countries of interest after only 12 months from their first application. See the flowchart for standard patent application procedure. In terms of the treaty, it is possible to file an international application at any one of a number of receiving offices around the world. The Australian patent office is one of the receiving offices.
An international application effectively initiates an application in each of the countries that are a party to the PCT. However, it is still necessary to extend the application separately into each of the countries in which protection is required. The stage up until the application is so extended is called the international phase and the stage after the application is so extended is called the national phase.
Why file an international application?
The filing of an international application can be regarded as "buying" a further 18 to 19 months in addition to the 12 months. There are some advantages. The international application is examined. Examination gives an opportunity to anticipate how the application will fare during national phase. This can be important because generally each country's patent office will examine the application during national phase. So if you manage to convince the international authorities that the invention is patentable, that can ease the way during national phase.
It can be very expensive to enter national phase in a number of countries, particularly if your list includes the United States and Europe. An international application gives more time to make deals and possibly even get some positive cash flow before taking on the sort of expense required for a number of countries.
International applications are growing in popularity. Worldwide the number of international applications grew by 2.3% in 2008, to 163,600 applications. The growth rate was modest, as compared to an average 9.3% growth rate in the previous three years, but the total number of international applications filed in 2008 represents the highest number of applications received in a single year. Applicants from the Republic of Korea grew by 12.0%, China by 11.9% and Sweden by 12.5%. Sadly, Australia showed a negative growth of -1.2%. Given that these international applications convert to national applications in countries all over the world, we can quickly ascertain which countries are securing themselves a position in what many believe to be a future driven by knowledge as opposed to production.