Many inventors dream of a single application that protects their idea globally. Unfortunately, there is no such thing as a worldwide patent.

Patents are bound to a territory and can only be enforced within that territory. Typically, a territory is a single country, but in some cases, it can be a group of countries (but we will explain that further down below).

Let's take an example: German patents can only be enforced in Germany. If someone has a granted German patent, this does not block any use of said invention in France or in the US. Applying for a patent in all ~180 countries of the world is too expensive and usually unnecessary. Instead, a strategic approach targets key markets based on where the product is manufactured or sold.

An aerospace supplier might focus on countries where aircraft are manufactured, such as the US (Boeing), France/Germany (Airbus), and Brazil (Embraer). Conversely, a company developing specialized deep-sea fishing gear would prioritize countries with major fishing industries like Norway, Chile, and Japan, while ignoring landlocked nations. For many general industries, protecting inventions in major economies like the US, Europe, China, Japan, South Korea, India, and Brazil is sufficient.

That said, you don't always have to file country-by-country. Countries have signed international agreements to simplify patent applications across multiple jurisdictions:

European Patent Application

With respect to territoriality, patent applications at the European Patent Office (EP applications) under the European Patent Convention (EPC) play a unique role. For EP applications multiple countries have entrusted the European Patent Office with the examination of patent applications. Thus, once an EP application is granted, the applicant must decide in which EPC member states the applicant would like to have a national patent. The national patent offices trust the European Patent Office’s allowance, and grant a respective national patent. Thus, the EP application is an efficient tool for obtaining a patent in multiple member states of the European Patent Convention.

The national patents are independent from each other. Thus, each national patent originating from the same EP application must be enforced individually in the respective national jurisdiction. Same applies for invalidating the national grants.

Unitary Patents

Since 2024 there is a new option available. Once an EP application is granted, the applicant can also choose to have patent with unitary effect. The unitary effect is based on the Unitary Patent Convention, which enables a single patent across multiple European countries. The patent with unitary effect covers currently (2025) 18 countries, and applicants seem to embrace the new system.

For unitary patents, these 18 countries are considered a single territory, which is particularly important in cases where the patent infringement is likely to be spread across multiple countries, so-called cross border infringement. Lets assume there is a national patent and a unitary patent protecting a complex manufacturing method with process steps A, B, C and D. A competitor uses that manufacturing process, with process steps A and B being executed in Germany, and modules C and D being executed in France. It is difficult to assert national patents against the competitor, because the competitor does not execute the entire protected manufacturing method in either country. However, the Unitary Patent can be used to prevent the competitor’s activities, because Germany and France are considered as being part of a single territory

Another big difference with respect to national patents is that a single court, namely the Unitary Patent Court, is responsible for ruling over validity and infringement of patents with unitary effect. Thus, a single court proceeding can prevent a patent infringer from selling products in 18 countries, and through a single invalidation the patent owner looses protection in 18 countries.

Patent Applications under the Patent Cooperation Treaty (PCT)

PCT applications are another special case of territoriality. A patent application und the PCT may be filed with a national patent office, the European Patent Office or the World Intellectual Property Organization (WIPO). Once filed, the PCT application process is divided into an international phase and a national/regional phase. During the international phase, the International Searching Authority - usually one of the major patent offices - searches for relevant prior art and issues a written opinion on the patentability of the claims. This written opinion is usually used as a preliminary assessment of the likelihood of success of the patent application.

After the international phase, the PCT application is split into national or regional patent applications. The applicant must decide in which jurisdictions the patent application will be pursued by entering the national/regional phase at a national/regional patent office. The time limit for entering the PCT national or regional phase is typically 30 or 31 months from the earliest filing or priority date of the PCT application. It should be noted that the time limit for entering the national/regional phase is 18 or 19 months longer than the 12 months priority period. Thus, a PCT application is a common tool to extend the time to decide in which countries to pursue a patent application.

During the national/regional phase, the patent application is examined by each patent office independently. Thus, after filing a PCT application, the Chinese Patent Office may grant a patent, while the U.S. Patent Office rejects the patent application. After successful prosecution, the applicant may have several independent patents.

PCT applications are often referred to as "worldwide patent applications", which is at least misleading because there is no such thing as a worldwide patent. The Patent Cooperation Treaty covers 158 members which is an impressive coverage on one hand. On the other hand, the members of the PCT sacrifice very little oft their sovereignty, which makes it much easier for countries to commit to the PCT.

The Action Plan for Global Protection

Young companies often face the challenge of deciding where to file patent applications or prefer to defer costs for better cash flow management. In these cases, filing a PCT application is a strategic move, granting up to 18 extra months to assess market fit before making costly national filings. If the product succeeds, the company can proceed with national phase applications in important markets; if not, it can abandon the process without incurring significant fees.

Established firms, who already know their primary markets and competitors, tend to be less affected by the cost of patent filings. They usually aim to build an enforceable patent portfolio quickly and may bypass the PCT process by filing directly for national or regional patents.

As a general guideline, if protection is needed in at least three of the contracting states of the European Patent Convention, applicants should consider submitting a European Patent application. When these target countries are also UPC member states, it is advisable to request a patent with unitary effect. This approach provides cost-effective protection across 18 countries and enables enforcement through a single court action, thus avoiding multiple lawsuits in different jurisdictions. While there are situations where opting out of the Unitary Patent may be best, this will be covered in a separate article.

Ultimately, there's no such thing as a global patent. However, with a well-crafted filing strategy, innovators can come very close to achieving broad international coverage without excessive expense.