How to file for a patent at the international level
Direction de l'Expansion Économique
9 rue du Gabian
MC 98000 MONACO
Intellectual Property Division :
(+377) 98 98 84 90
Fax : (+377) 92 05 75 20
Opening Hours : from 9h30 to 17h00 from monday to friday
Principles and conditions
Patents give their owners the exclusive right to authorise or to oppose, for a maximum period of twenty years, any use, reproduction, distribution or sale of the invention which is the subject of the protection.
Any individual of Monaco nationality or resident of the Principality can file for an international patent, either with the Intellectual Property Division, the World Intellectual Property Organisation or with the EPO (European Patent Office). All of the contracting states, which are to this day one hundred and eighty five (185) member states, will be automatically designated with the application. Upon entering the national level, the applicant will still be able to either maintain a broad coverage or to designate specific contracting states.
The application can claim priority over an earlier application (within a maximum period of twelve months). In general, the application is published in the PCT Gazette within a period of eighteen months from the date of filing or in order of priority.
Each international patent application generates in an international search, reinforced by a search conducted by the EPO which results in the publication of “an extensive international search report” combining the normal international search report with a preliminary viewpoint addressing whether the invention meets the criteria of patentability (originality, innovation and industrial replication and scaling). As in the standard procedure, the report will be published excluding the viewpoint which will remain with the patent applicant.
It is also possible to request an international preliminary examination based on the international search report, focusing on the patentability criteria ((originality, innovation and industrial replication and scaling).
The results of these reports will allow the applicant to decide whether to continue the proceedings with the various national or regional offices (EPO). The patent will be designated as a national patent, in each country where the national level patent application has been completed (usually within thirty months in order of date priority), provided that the yearly fees continue to be paid.