International Patent and Design Filing
Two different questions sit inside "filing a patent": do you protect how the product works or how it looks? Function goes to invention or utility models, which require substantive examination and take longer but hold up well. Appearance goes to design registration, which is fast in most places but shifts evidentiary burden onto you later. Most products need both.
Decide what is being protected before deciding where
Structure, materials, process and algorithm implementation are functional solutions and belong in a utility filing. Shape, surface ornamentation and graphic user interfaces belong in a design filing. They can run in parallel: register the design first to support a marketplace takedown, and let the utility application continue.
Filing order is constrained by novelty. Most territories require that the design or invention had not been disclosed before the filing date. The US gives limited grace for an applicant’s own disclosure, but that should not be the plan. If the product is already listed, shown at a trade fair or posted on social media, check each market before deciding the sequence.
| Type | Examination | Typical timeline | Term | Where it helps |
|---|---|---|---|---|
| China invention | Substantive | 18-36 months | 20 years | Structure and process solutions |
| China utility model | Preliminary | 10-14 months | 10 years | A fast right you can enforce |
| China design | Preliminary | 4-8 months | 15 years | Anti-copycat on appearance |
| US design patent | Substantive | 15-21 months, can be expedited | 15 years from grant | US marketplace enforcement, customs |
| EU registered design | Formalities only | Days to weeks | Up to 25 years | Fast EU listing removals |
Official fees follow the current schedule of the USPTO, EUIPO and other offices; our service fee is quoted by class and case complexity.
How far do PCT and the Hague system actually take you
PCT buys time, not a world patent. One international application gives you an international search report and up to 30-31 months to decide which national phases to enter. Grant remains a country-by-country decision.
For designs, the Hague system allows one international registration to designate several members, with the option of deferred publication when you want confidentiality before launch. Requirements still differ - the US in particular has its own view on views, partial designs and surface shading.
A common sequence: file first at home to fix the priority date, use the twelve-month priority window to decide overseas coverage, and land the markets most exposed to copying first.
- Budget PCT fees and national-phase entry separately.
- Check each Hague designation for local formal requirements.
- Keep design drafts, tooling records and first-listing dates as your own prior evidence.
Two realistic ways to save time and cost
In the US, utility applications may qualify for Track One and designs for accelerated examination. Patent Prosecution Highway type arrangements let a granted claim elsewhere speed up later offices. Whether acceleration is worth it depends on launch timing and copycat pressure, not on speed for its own sake.
Most avoidable cost is rework: incomplete view sets, missing descriptions and poorly drafted claims draw a non-final rejection, and every round costs both money and months. Getting the papers right the first time is the cheapest schedule decision you make.
How we work
Separate function from appearance
Existing patents and public sales records
Fix the filing date and priority clock
PCT or Hague depending on type
Enter markets by priority
Annuities, responses and certificates
What you need to prepare
- Technical description: structure, steps and the problem solved
- Product views (designs need complete angles and correct shading)
- Dates of any prior disclosure or first listing
- Priority documents and numbers of the first application
- Target market list and competing products for search
Frequently asked questions
What is the difference between an invention, utility model and design?
Inventions and utility models protect technical solutions - structure, process, method - while designs protect appearance. Examination differs: inventions undergo substantive examination, utility models and designs mostly do not, which is why they grant faster and why their stability depends on evidence you must be able to produce later.
The product is already on sale. Can I still file a design?
It depends on the market. The US offers limited grace for the applicant’s own disclosure and the EU a short grace period, but China and several others will not accept a design that was public before filing. Check each country before deciding sequence and scope.
Does PCT give me a global patent?
No. PCT provides a single international search and preliminary examination and preserves the right to enter national phases for 30-31 months. Grant is decided separately by each office. Its value is bought time, not a substitute examination.
How is patent work priced?
Official fees follow the current schedule of the USPTO, EUIPO and other offices; our service fee is quoted by class and case complexity.
Want an assessment first?
Tell us the product and target marketplaces and we will give you a registrability opinion, a realistic timeline and a cost breakdown. Files can be submitted within 48 hours of confirmation.
