Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970.
It provides a unified procedure for filing patent applications to protect inventions in each of
its contracting states. A patent application filed under the PCT is called an international
application, or PCT application. The treaty, governed by the World Intellectual Property
Organization (WIPO), has more than 150 nations as signatories, who are also known as PCT
Contracting States.
Treaty has 69 Articles and has been divided into VIII chapters.
Filing patent applications under PCT implies securing legal protection for an invention under
patent law in more than 150 countries at once. Major global corporations, research institutes
and universities seek patent protection via PCT. It safeguards applicants against accidental
errors which are far more likely to occur if a separate application is filed in every country of
interest.

Advantages of the Patent Cooperation Treaty

 International Patent Protection

Patents only apply to limited areas. If you file a patent application with the United
States Patent and Trademark Office (USPTO), it only protects your invention in the
United States. With a PCT application, you can make your patent go further. This is
important if your company makes or sells products in other countries.

 Simultaneous Patent Protection

Sometimes applying for a patent in the U.S. makes it impossible to get protection in
other countries. The PCT lets you protect your inventions in more than one country at
once.

 Streamlined Application Process

Applying for patents in individual countries can be time-consuming and expensive.

You might have to amend your application for several different countries. The PCT
streamlines the application process and helps you save money. You might even find out
that your invention is not patentable overseas. Knowing this will help you save money
that you might have spent on filing additional patent applications.

 Potentially Faster Application Process

If you need a patent quickly, you might also be able to expedite your international
patent applications. Some Contracting States have PCT-Patent Prosecution Highway
agreements. These offer faster service. Your USPTO application might receive
approval more quickly, too.

 Strong Basis for Patenting Decisions

During the PCT application process, you'll receive a written opinion and an
international search report. These are very important because they give you a strong
 case for the patentability of your invention. If the report and opinion are good, you can
usually get international patents very easily.

 Global Patent Search

When you file a patent application with the USPTO, the patent search usually covers
inventions patented in the U.S. only. When you file an application under the PCT, the
patent search is global. A PCT application will help you understand how patentable
your invention is around the world, not just in the U.S. This could change your mind
about patenting or marketing your invention at all.

Disadvantages of the Patent Cooperation Treaty

 Lengthy Application Process

The PCT application process doesn't move quickly. If you only need to file a patent
application in one other country, you can consider filing it with the individual country
directly. If you file in a Paris Convention member country, you should do so within 12
months of your original patent application filing date.

 High Costs

The PCT process is designed for companies with a global outlook. If you do business
in just one other country, you can save money by filing a patent application directly
with that country. This way you can save the additional cost of the PCT application.

 Limited Patent Coverage

Applications filed under the PCT only apply to utility patents. If you need to patent a
design, you can't use this process. File a patent application with the individual countries
instead. You also can't patent a logo or a work of art with this process. File a trademark
or copyright application instead.

Deadline

You must file an international patent application within 12 months of your original filing
date. This allows you to claim priority of your original filing. That means patent publications
or product sales that happen in the meantime don't affect the outcome of your application.
Steps to File a Patent Cooperation Treaty Application

1. File a PCT Application

Fill out and submit a PCT application. You can do this at the main WIPO office or at
some national patent offices. This includes the USPTO and the European Patent Offic
(EPO). You should also pay the necessary fees at this time. A PCT application should
include:

● The Request: This includes a general petition, a Contracting State designation,

the applicant's name, and the title of the invention.

● The Description: This explains your invention. It's similar to the description
in your original application.

● The Claims: These should be clear and concise. They're similar to the claims
in your original application.

● The Drawings: These should clearly depict the invention from several angles.
These are similar to the drawings in your original application.

● Claiming Priority: This reflects any priority that you have from earlier
applications.

2. Complete an International Search

The International Searching Authority (ISA) does a global patent search. This is similar
to the patent search you did for your original USPTO application. You'll receive a
 written opinion that states how patentable your invention is. You will also receive an
international search report that mentions related patents and inventions.

3. Announce Your International Publication

At 18 months from your original filing date, the application becomes public. After this,
anyone can read the content of your patent application on PATENTSCOPE. This is a
database that people around the world can search.

4. Do a Supplementary International Search

At your request, the ISA will do a second global patent search. This may cover
different languages and technical fields.

5. Ask for an International Preliminary Examination

If you amended your application, you might need to ask for an International
Preliminary Examination. This is a second chance to get approval for your application.

6. Enter the National Phase

At 30 months from your original filing date, the PCT application process ends. Next,
you'll enter the national phase. Use your international search report to get patents in the
countries where you do business.

7. Complete Foreign Prosecution

You must prosecute your application in each country where you want a patent. You'll
need to work with foreign attorneys. You might have to pay fees to prosecute in each
country.