Description
The Patent Cooperation Treaty (PCT) stands as a global agreement with over 155 Contracting States, overseen by the World Intellectual Property Organization (WIPO). This treaty offers a mechanism for submitting a patent application, enabling the acquisition of patents in numerous countries globally through a solitary ‘international’ patent application. While the national or regional patent office’s retain authority over patent grants during the “national phase.”
WHO CAN APPLY
Who can apply for the Patent cooperation treaty
Individuals who are nationals or residents of a Member Country have the privilege to submit an international patent application. A Member Country, sometimes known as Contracting States, denotes countries that are participants in the international treaty. In cases where multiple applicants are listed in the application, only one of them must meet this criterion.
PROCESS
Filing of the ‘international application’ – When you decide to file internationally, you can choose to do it through a national or regional patent office or go the WIPO route. Just make sure your application aligns with the PCT formalities, and it’s all good as long as it’s in a single language. PCT application is to be filed within 12 months after filing a national application. Priority date is given by the national office.
International Search – The “International Searching Authority” (ISA), representing one of the prominent patent office’s globally, identifies published patent documents and technical literature (referred to as “prior art”) that could impact the patentability of your invention. It then provides a written opinion on the potential patentability of your invention based on the identified information.
International Publication – The information within your international application is revealed to the public as soon as possible, following the lapse of 18 months from the earliest filing date.
Supplementary International Search (optional) – Upon your request, a second International Searching Authority (ISA) identifies published documents that may not have been discovered by the initial ISA during the primary search. This is often due to the varied nature of prior art in different languages and technical fields.
International Preliminary Examination (optional) – Upon your request, one of the International Searching Authorities (ISAs) conducts an extra analysis of patentability. This typically involves reviewing a modified version of your application, taking into account the feedback provided in the written opinion.
National Phase – Following the conclusion of the PCT process, typically around 30 months from the earliest filing date of your initial application for which you assert priority, you initiate the process of directly obtaining patent grants from the national (or regional) patent offices of the desired countries.