Patent Cooperation Treaty
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The Patent Cooperation Treaty (PCT), concluded in 1970, is an international treaty administered by the World Intellectual Property Organisation (WIPO). The PCT provides a streamlined and centralised process for filing and seeking patent protection for inventions in multiple countries.
Unified international filing: The PCT allows inventors and applicants to file a single international patent application, known as the PCT application, instead of filing separate applications in individual countries. This simplifies the process and reduces the administrative burden and costs associated with seeking patent protection internationally.
International search and examination: Upon filing a PCT application, the International Searching Authority conducts a search to identify relevant prior art documents that may affect the patentability of the invention. The search report and written opinion are provided to the applicant, giving him an initial assessment of the potential patentability of his invention.
International publication: PCT applications are published by WIPO approximately 18 months from the earliest priority date. The publication makes the technical information contained in the application available to the public, promoting transparency and providing an opportunity for interested parties to monitor technological developments.
International preliminary examination: The PCT system allows applicants to request an international preliminary examination (optional) to assess the claims of the invention in more detail. The International Preliminary Examining Authority examines the application and issues a preliminary examination report, which provides a non-binding opinion on the patentability of the invention.
Designated (national/regional) offices: After the international phase of the PCT process, which typically lasts 30 or 31 months from the priority date, the applicant enters the national or regional phase by selecting specific countries or regional patent offices where he wishes to seek patent protection. The PCT application serves as a basis for filing national or regional patent applications in those selected countries.
Harmonisation and efficiency: The PCT system promotes harmonisation and efficiency in the patent process by providing a unified framework for filing, searching, and examination. It reduces duplication of efforts among national and regional patent offices and streamlines the patent application process for applicants.
Time extension and flexibility: The PCT allows applicants to extend the time available for entering the national or regional phase, providing additional flexibility in managing patent portfolios and making decisions regarding specific jurisdictions.
The PCT does not grant patents itself. Instead, it provides a mechanism for filing an international application and facilitates the subsequent processing of patent applications in member countries. The PCT is widely used by inventors, businesses, and organisations to simplify and manage their international patent filing strategies.
Unified international filing: The PCT allows inventors and applicants to file a single international patent application, known as the PCT application, instead of filing separate applications in individual countries. This simplifies the process and reduces the administrative burden and costs associated with seeking patent protection internationally.
International search and examination: Upon filing a PCT application, the International Searching Authority conducts a search to identify relevant prior art documents that may affect the patentability of the invention. The search report and written opinion are provided to the applicant, giving him an initial assessment of the potential patentability of his invention.
International publication: PCT applications are published by WIPO approximately 18 months from the earliest priority date. The publication makes the technical information contained in the application available to the public, promoting transparency and providing an opportunity for interested parties to monitor technological developments.
International preliminary examination: The PCT system allows applicants to request an international preliminary examination (optional) to assess the claims of the invention in more detail. The International Preliminary Examining Authority examines the application and issues a preliminary examination report, which provides a non-binding opinion on the patentability of the invention.
Designated (national/regional) offices: After the international phase of the PCT process, which typically lasts 30 or 31 months from the priority date, the applicant enters the national or regional phase by selecting specific countries or regional patent offices where he wishes to seek patent protection. The PCT application serves as a basis for filing national or regional patent applications in those selected countries.
Harmonisation and efficiency: The PCT system promotes harmonisation and efficiency in the patent process by providing a unified framework for filing, searching, and examination. It reduces duplication of efforts among national and regional patent offices and streamlines the patent application process for applicants.
Time extension and flexibility: The PCT allows applicants to extend the time available for entering the national or regional phase, providing additional flexibility in managing patent portfolios and making decisions regarding specific jurisdictions.
The PCT does not grant patents itself. Instead, it provides a mechanism for filing an international application and facilitates the subsequent processing of patent applications in member countries. The PCT is widely used by inventors, businesses, and organisations to simplify and manage their international patent filing strategies.
