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What is PCT?
What are the objectives of PCT?
How does one prepare for PCT?
What resources are available for PCT preparation?
When should one start preparing for PCT?
What is the duration of PCT?
Can one work while preparing for PCT?
Are there specific subjects required for PCT?
How are candidates assessed during PCT?
What happens after completing PCT?
# Protecting Your Inventions Abroad: Frequently Asked Questions About the Patent Cooperation Treaty
(PCT)
## INTRODUCTION
The Patent Cooperation Treaty (PCT) is a global system designed to simplify
the process of protecting inventions across multiple countries.
It provides a streamlined procedure for filing patent applications that can cover 71 contracting states, allowing
inventors and companies to protect their intellectual property
more efficiently.
## Overview of the PCT System
The PCT system offers a cost-effective and time-efficient alternative to the traditional route of filing separate national patents in each country where protection is desired.
By submitting one application to the World Intellectual Property Organization (WIPO), through the European Patent Office (EPO), you can secure patent protection in many countries
simultaneously.
## What is the Patent Cooperation Treaty (PCT)?
The PCT is an international treaty administered by WIPO, which allows
applicants to file a single patent application that can be extended
to other member countries. This system is particularly useful for inventions that are intended
for commercial use in multiple jurisdictions.
## How Do I Protect My Invention in Several Countries?
If you want to protect your invention in several countries,
the PCT is an ideal choice. By filing one international application with the EPO, you can obtain patent protection in all member countries of the PCT
without needing to file separate applications in each country.
## Comparison of Paris and PCT Route
The PCT route differs from the Paris Convention for the Protection of Industrial Property (Paris
Convention) in several ways. The PCT allows applicants to submit
one application that covers multiple countries, while the Paris Convention requires
filing separate national applications. The PCT also provides an optional preliminary examination, which can save time and costs.
## Who Uses the PCT?
The PCT is primarily used by inventors, research institutions,
and corporations that wish to protect their inventions globally.
It is particularly beneficial for those who anticipate commercial
success in multiple markets.
## FILING
### What Is the Effect of an International Patent Application?
An international patent application under the PCT
provides legal protection for your invention in the countries where the application is validated.
This protection can prevent others from using, manufacturing, or selling your invention in those territories.
### Who Has the Right to File an International Patent Application Under the PCT?
The right to file an international patent application belongs to the applicant who owns the
invention. This includes the inventors and their
legal representatives or assignees.
### Where Can I File My International Patent Application?
You can file your international patent application at the EPO in Europe, provided your invention has a significant technical
content. Alternatively, you can file directly with WIPO if your country is not part of the
EPO jurisdiction.
### Can I File PCT Applications Electronically?
Yes, most PCT applications can be filed electronically through the
EPO or WIPO's online platforms. This makes the process more
convenient and efficient.
### Are There Any Fee Reductions Available Under the PCT?
Yes, fee reductions are available under certain conditions.
For example, small and medium-sized enterprises (SMEs) may benefit from reduced fees in some contracting countries.
### How Long Does the PCT Process Take?
The PCT process can take varying lengths of time depending
on the country. However, the international search and preliminary examination stages are generally faster compared to the traditional national filing approach.
### What Does It Mean to "Claim Priority" of an Earlier Patent Application?
Claim priority refers to the right of an applicant to claim priority from a previous patent application (or a patent) filed in any country or
territory that is a member of the Paris Convention. This allows
you to extend the protection period of your invention.
### In What Languages Can an International Patent Application Be Filed?
International patent applications under the PCT can typically be filed in English,
French, Spanish, German, or Japanese. The specific language requirements
depend on the contracting country and the office handling the application.
## INTERNATIONAL SEARCH
### Which Office Will Carry Out the International Search of My PCT Application?
The international search is conducted by the International
Searching Authority (ISA), which is either the EPO or another designated authority depending on the circumstances.
### What Is a PCT International Search?
An international search involves examining the prior art relevant to your invention. The ISA will conduct a
thorough search of patent databases and other sources
to identify existing patents that may affect the novelty, utility,
or non-obviousness of your invention.
### What Is an International Search Report?
The international search report is a document produced by the ISA after conducting the search.
It identifies relevant prior art and provides
an opinion on whether your invention is novel, useful, and non-obvious.
### What Is the Value of the International Search Report?
The search report is invaluable for applicants as it helps identify potential issues with their invention's novelty and validity.
It can also guide the preparation of a patentability opinion or facilitate amendments to
the application.
### Will an International Search Be Carried Out for
All International Applications?
Yes, under the PCT system, every international application undergoes an international search unless specifically excluded by the
applicant.
### What Is the Written Opinion of the International Searching Authority?
The written opinion is a legal interpretation provided by the
ISA in response to the search report. It assesses the patentability of the
invention and provides recommendations regarding its
prosecution.
## SUPPLEMENTARY INTERNATIONAL SEARCH
### What Is the PCT Supplementary International Search?
A supplementary international search can be conducted if the
initial search did not uncover all relevant prior art.
This is often done if the original search was incomplete or if new
prior art becomes available later.
### What Is the Supplementary International Search Report?
The supplementary search report provides additional information on the novelty, utility, and non-obviousness of your invention based on the new prior art identified during the supplementary search.
## INTERNATIONAL PUBLICATION
### What Does International Publication Under the PCT Consist Of?
International publication under the PCT involves making the international patent application available to the public.
This is done by submitting the application to WIPO, which publishes
it in one or more official journals.
### Can Third Parties Access Documents Contained in the File of the
International Application? If So, When?
Third parties can access the documents in the file of an international application once the application has been published.
Publication typically occurs 18 months after the filing date.
## INTERNATIONAL PRELIMINARY EXAMINATION
### What Is International Preliminary Examination?
International preliminary examination is a optional procedural step where
the ISA examines the patentability of the invention and issues a written opinion. This can save
applicants time and costs by allowing them to withdraw or amend their application before formal patent
granting.
### What Is the Value of the International Preliminary
Report on Patentability (Chapter II)?
The preliminary report provides an in-depth analysis of the invention's patentability,
identifying any legal or technical objections. It is particularly useful for decision-making
regarding the commercial viability of the invention.
## NATIONAL PHASE
### How Do I Enter the National Phase?
Entering the national phase involves converting the PCT application into
a series of national applications in specific countries.
This process typically begins 30 months after the filing date and can be done either directly with each country or through the EPO.
### What Happens to My Application in the National Phase?
In the national phase, your application undergoes formal examination by the patent office in each designated country.
If granted, it will issue as a national patent, providing protection in that
jurisdiction.
## FURTHER INFORMATION
### What Is the Role of WIPO in the PCT?
WIPO acts as the Administrative Center for the PCT, handling the filing,
search, and publication of international applications.
It also provides support in legal and technical aspects of patent
prosecution.
### What Are the Advantages of the Patent Cooperation Treaty?
The advantages of the PCT include streamlined protection across multiple countries,
cost savings, faster examination processes, and simplified compliance with international intellectual property laws.
### Where Can I Find Out More About the PCT?
You can learn more about the PCT by visiting WIPO's official
website or consulting legal professionals specializing in patent law.