PCT

Advantages of PCT

  • brings the world within reach;
  • allows the applicant to have enough time to analyze the patentability and profitability of the invention, to assess suitable markets and to assess the merits and commercial success and the applicant can make a decision regarding where the patent application should be filed;
  • postpones the major costs associated with international patent protection.

Introduction of PCT

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded on June 19, 1970 in Washington and entered into force on Jan. 24th, 1978. The first international applications were filed on June 1st, 1978. As of 2023, there were 157 contracting states to the PCT.

Upon filing of the international application, all contracting states are automatically designated. Subject to reservations made by any contracting state, an international patent application fulfilling the requirements of the treaty and accorded an international filing date has the effect of a regular national application in each designated state as of the international filing date, which date is considered to be the actual filing date in each designated State.

At 30 / 31 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed, the international phase ends and the international application could be entered in national and regional phase.

Procedure of PCT

  • At 9 months from the filing datee (or the earliest priority date,if any), a search or international search is then made by an authorized International Searching Authority (ISA) to find the most relevant prior art documents regarding the claimed subject matter. The applicant shall, after having received the international search report, be entitled to one opportunity to amend the claims of the international application by filing amendments with the International Bureau within the prescribed time limit.
  • At 22 months from the filing date (or the earliest priority date,if any), an international preliminary examination is conducted. On the basis of the international preliminary examination report, the applicant can evaluate with reasonable probability the chances of invention being patented.
  • At 18 months after the filing date (or the earliest priority date,if any), the international application is published by the International Bureau at the WIPO.
  • At 30 / 31 months from the filing date (or the earliest priority date,if any) of the international application or from the earliest priority date of the application if a priority is claimed, the international phase ends and the international application should be entered in national and regional phase. The time limited can’t be extended.