Patent Cooperation Treaty (PCT) is a legal agreement that provides a unified, standardized system for filing and prosecuting patent applications in multiple countries. It is an international treaty administered by the World Intellectual Property Organization (WIPO). PCT is the most widely used international patent filing system, with over 120 countries participating in the treaty. Its purpose is to help inventors and entrepreneurs protect their inventions internationally.
What is a PCT Application?
A PCT application is an international patent filing that is filed with the World Intellectual Property Organization (WIPO). It is a single application that is submitted to WIPO, who then forwards it to the patent offices of the countries in which the applicant wishes to protect their invention. The application is processed in each country according to the laws of that country, and the applicant may then have to take additional steps to complete the filing in each country.
Benefits of PCT
PCT filing offers a number of advantages over filing in each country separately. These include:
- Cost Savings: By filing a single PCT application, the cost of filing in multiple countries is significantly reduced.
- Time Savings: Since the PCT application is only filed once, the amount of time required to file in multiple countries is significantly reduced.
- Unified System: The PCT system provides a unified system for filing in multiple countries, which simplifies the process of filing in different countries.
- International Recognition: A PCT filing will be recognized in all countries that are members of the treaty.
PCT Procedure
The PCT procedure is divided into three stages:
- International Filing: The applicant files a PCT application with WIPO. The application is then forwarded to the patent offices of the countries in which the applicant wishes to protect their invention.
- International Search: A patent search is conducted to determine if the invention is novel and inventive. The results of the search are sent to the applicant.
- International Publication: The application is published and open to the public.
PCT Timeframe
The timeframe for a PCT application is generally 18 months from the date of filing. During this period, the applicant can make modifications to their application and decide which countries they want to file in. After 18 months, the applicant must file in each country individually.
PCT Fees
The fees for a PCT application vary depending on the countries in which the applicant wishes to file. Generally, the more countries the applicant wishes to file in, the higher the fee. Additionally, the fees for a PCT application are significantly lower than the fees for filing in each country individually.
PCT National Phase
The PCT national phase is the stage in which the applicant must file in each country individually. The national phase begins after the 18-month international phase and must be completed within 30 or 31 months from the date of filing. During the national phase, the applicant must pay filing fees and respond to any objections or rejections raised by the patent offices of the countries in which they wish to file.
PCT International Search Report
The PCT international search report is a report prepared by the patent office that searches the prior art to determine if the invention is novel and inventive. The report is sent to the applicant and contains a list of references that are relevant to the invention. The applicant can use the report to make modifications to their application or decide which countries to file in.
Conclusion
In summary, the Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO). It provides a unified, standardized system for filing and prosecuting patent applications in multiple countries. PCT filing offers a number of advantages over filing in each country separately, including cost savings, time savings, and a unified system. The PCT procedure is divided into three stages: International Filing, International Search, and International Publication. The timeframe for a PCT application is generally 18 months, after which the applicant must file in each country individually. The fees for a PCT application vary depending on the countries in which the applicant wishes to file. Finally, the PCT national phase is the stage in which the applicant must file in each country individually, and the PCT international search report is a report prepared by the patent office that searches the prior art to determine if the invention is novel and inventive.