Patent Cooperation Treaty procedure in International phase
The Patent Cooperation Treaty (PCT) is an international treaty that simplifies the registration of patents in multiple countries. A detailed outline of the PCT procedure during the international phase is given below:
Filing a PCT application Initial filing:
A PCT application is filed with a Receiving Office (RO) which is a national patent office of a PCT Contracting State or the International Bureau (IB) of the World Intellectual Property Organization (WIPO).
The application can be filed in a language, usually the language of the RO, or in any prescribed language accepted by the RO.
International Search International Searching Authority (ISA):
Once filed, an application is subject to an international search carried out by an ISA. The ISA issues an International Search Report (ISR) and a written opinion on the patentability of the invention.
The ISR identifies prior art that may be relevant to the invention and assesses whether the invention is new, involves an inventive step and is industrially applicable.
International Publication Publication:
PCT applications are published by WIPO 18 months after the earliest priority date. This publication includes the application itself, the ISR and any changes made by the applicant.
This publication is publicly available and therefore provides a level of transparency.
Supplementary International Search :
An applicant may request a supplementary international search through an additional ISA to cover prior art that may not be fully covered by the first ISA.
International Preliminary Examination:
. The applicant may request an international preliminary examination to obtain a preliminary, non-binding opinion on the patentability of the invention.
. The IPEA will establish an International Preliminary Patentability Report (Chapter II of the IPRP) containing the findings of the examination and an opinion on the patentability of the invention.
Entering the National Phase
The applicant must enter the national or regional phase in any country or region of his/her choice within 30 months (31 months in some jurisdictions) from the earliest priority date.
This includes submitting translations, paying fees and meeting the national/regional requirements of the designated Offices.
Main advantages of the PCT process Concentrated filing:
A single international application can result in patent protection in several countries.
Cost deferral: Applicants can postpone the main costs associated with international patent protection (translation, national fees) until they have a clearer idea of the commercial feasibility of their invention.
Comprehensive study: An international study provides a comprehensive overview of the relevant state-of-the-art at an early stage in the process.
Flexibility: Optional supplementary searches and preliminary reviews provide further insight and flexibility.
The PCT system streamlines and simplifies the process of obtaining an international patent, making it efficient and cost-effective for applicants.
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