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Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international patent law treaty by which you can seek patent protection for an invention by filing a single “international” patent application. Because an international patent application is effective in all PCT Contracting States, you do not incur, at this stage in the procedure, the costs that would arise if you prepared and filed separate applications at national and regional Offices.
There are currently 148 contracting parties to the PCT, including almost all major industrialized nations in the world (but notably not Taiwan). To be entitled to file a PCT application, at least one applicant must be a national or resident of a PCT Contracting State. For a list of the contracting parties, click here.
It must be remembered that a PCT application must be followed up by national phase entry (see below) and it is a prerogative of each national or regional authority whether to grant a patent.
Procedure:
1. Filing:
The PCT application is filed with the patent office of one of the Contracting Parties, called a Receiving Office (RO). Generally, a PCT application fulfilling the requirements of the treaty and accorded a PCT filing date has the effect of a regular national application in each designated state as of the PCT filing date.
2. International Search:
An “International Searching Authority” (ISA) identifies the published patent documents and technical literature (“prior art”), and the results are published in an international search report (ISR). At the same time, the ISA also establishes a preliminary and non-binding opinion on whether the invention appears to meet the patentability criteria in light of the search report results.
3. Publication:
As soon as possible after the expiration of 18 months after the filing date or the priority date (if it has not been withdrawn earlier), the PCT application is published online on PATENTSCOPE together with the international search report.
4. Examination (optional):
Where international preliminary examination is requested ("demanded"), an International Preliminary Examination Report, commonly referred to as "IPRP Chapter II" will be issued. This provides a second evaluation of the potential patentability of the invention, taking into account any amendments and arguments filed by the applicant.
5. National Phase:
Within 30 months (or slightly later in some cases) from the earliest filing date or priority date, you file requests to enter national (or regional) phase in the particular countries/regions where you want to obtain grant of the patent. In this way, you can delay incurring the substantial filing fees and translation costs by more than a year, and decide to proceed only after you have received favourable indications of patentability (from the ISR and/or IPRP Chapter II). This time can also be useful for you to locate strategic partnerships, funding, and markets which would affect your assessment as to which particular countries/regions you would require grant of the patent.
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