What is the advantages of Patent Cooperation Treaty (PCT)
Introduction
Patent Cooperation Treaty (PCT) is one of global treaties which are being used universally these days. It is one of global treaties which have evolved and broadened its scope over all its previous agreements collectively in every nation, where the innovator was given a patent in any and every corner of the globe. In the second half of this article, we will explain in great detail what the Patent Cooperation Treaty is, why it’s so important, how PCT procedure filing works, and the advantages. Our goal will be to offer answers to some of the most common questions so you can have all you need regarding the PCT and how it could be the ideal solution for your intellectual property.
What is the Patent Cooperation Treaty (PCT)?
The Patent Cooperation Treaty (PCT) is a WIPO-governed treaty to patent an application worldwide. Under the PCT system, the process for a single filing can be utilized to file a patent in over 150 PCT treaty states with fewer hassles for inventors to get global patent protection.The PCT began in 1970 and has over 150 members. It is a straightforward system for the filing of a single patent application globally to be accepted by multiple jurisdictions. PCT does not create international patents (there are none), but enables the creation of patents of multiple jurisdictions with greater intellectual property rights.
Why is the PCT Important?
PCT system is brought about by inventors who would like to be covered for their invention in most of the world. Inventors had to apply for a single patent per country whenever protection was needed. Not only was it time-consuming, required, lawful but expensive as well.
Some of the top reasons why PCT is essential are:
- International Protection: The PCT enables inventors to gain protection for their inventions in the majority of the world by using a single time and cost-efficient application.
- Time-saving: The PCT system provides inventors with more time (nearly 30 months from filing) to plan where they wish to obtain protection for the inventions and, therefore, sufficient time to determine the commercial worth of the invention.
- Simplified Procedure Topic: PCT simplifies the patenting process, fewer red tape and no separate filing in each nation.
- Postponed National Fees: PCT postpones national fees and reduces expense for foreign language translation of the application, reduced up-front expenses.
- Early Examination: PCT provides an international search and optionally an international preliminary examination, providing valuable information in terms of potential patentability. While the PCT allows one to file the international patent, keep in mind that filing does not automatically issue a patent to the whole world. It is, in fact, bureaucratic in essence since it only makes preparation of the application more convenient. Below is step-by-step breakdown on how the process of PCT functions:
Step 1: Filing of the International Patent Application
The initial step of the PCT procedure is filing an international patent application in a regional or national patent office (the Receiving Office) or WIPO. The application can be filed in any language for which the Receiving Office has declared. Application should be accompanied by:
- Invention name
- Applicant and inventor names
- Invention clear description
- Limitation of scope claims
- Illustrations or drawings (where necessary)
Step 2: International Search
After filing your PCT application, international searching is conducted by an International Searching Authority (ISA). International search is conducted for determining your invention’s patentability and novelty through prior art searching (prior publication done previously and patents).
ISA will issue an International Search Report (ISR) and patentability written opinion. It is not a decision but helpful advice to guide your future.
Step 3: International Publication
WIPO will put your PCT application into public domain 18 months from the date of your priority (the date that your original patent filing was submitted). Your invention is now free, and foreign “patent pending” time has started. Your international application, International Search Report, and written opinion are public domain.
Step 4: International Preliminary Examination (Optional)
If you’d rather, you can request an International Preliminary Examination (IPE) to review your invention again for patentability. It is a second review by an International Preliminary Examining Authority (IPEA), and it provides you with a better idea of whether your patent has any hope at all of being issued. Optional, but one you might consider if you’d like your patent application more complete country by country.
Step 5: National Entry
You will be required to enter the national phase upon completion of the PCT process if you are to gain protection via a patent in a target country or region. This is usually achieved 30 months after the filing of the date of the priority date. With this stage, on a national basis, you will be required to file the application with national patent offices of respective countries. In your case, you have to do the procedure of each country individually, i.e., pay national fee and submit translation of the application as and when the need arises. Benefits of the PCT
Patent Cooperation Treaty (PCT) is availing certain special advantages which are among the most preferable qualities for inventors for receiving worldwide protection of inventions under patents. Its main points of strength are:
Economical
The greatest benefit of PCT system is that you would pay upfront by filing a patent.
You would not have to make individual applications in most of the countries simultaneously because by means of an international application you can file. While you would be paying national fees later, those are paid when you are in the national stage, and you have time enough to figure out whether your invention would be worthwhile for its business worth.
Time Efficiency
PCT gives one the flexibility to wait for 30 months from the priority date to file your patent on where. It gives one more time for choosing a market condition-based alternative, raising funds, or market testing of the invention prior to taking a cost and complexity of filings at the national level.
Early Patentability Opinion
With global search internationally and voluntary international preliminary search, you already have a solid conclusion on the patentability of your invention even at the pre national stage. It can assist your application or result in filing several patents depending on the search result in different countries.
Easy Process
PCT system enables you to make a single patent application, and that in itself makes it an extremely simple one to use. Rather than combing through a vast ocean of rules and regulations of different countries, PCT application provides you with just one filing opportunity. It saves you administrative space and room for error.
Patent Protection Worldwide
Although PCT is not patented in the world, it will provide you with the means to claim protection under the cover of a patent in more than 150 states of union. That is, the inventor has a prohibitively high chance of gaining intellectual property for almost the whole world, i.e., Europe, Asia, North America, Africa, etc.
What Will Cost To File a PCT application?
Filing cost of PCT differs for different reasons, i.e., the number of nations on whose behalf you are seeking protection under a patent and class. All regular charges typically include:
Filing Fees: WIPO also has minimum which they are charging to file PCT application. It was approximately $1,400 in 2021. It is due every time you are seeking protection for more than one nation.
International Search Fee: You get them to charge you an ISA fee to conduct the international search. That would be in the range of $300 to $2,000 based on the ISA that you buy.
Preliminary Examination Fee: If you want them to conduct the international preliminary examination, that would be an additional fee and would be in the range of $1,000 to $2,500.
National Phase Fees: National phase filing would be done after publication of PCT application and, in exchange, paying national fees in all the countries where you seek patent protection. National fees would be country-specific primarily.
Even though PCT process is not as expensive for parallel filing of different national patent applications, overall process cost has to be taken into account.
Conclusion
Patent Cooperation Treaty (PCT) is revolutionizing intellectual property protection worldwide in a unified patent filing system of more than 150 countries. Patent filing overseas is embraced by PCT and inventor derives some benefits such as cost advantage, time advantage, and ease to examine the patentability before national filings.
While PCT is not granting an international character patent, it is sending requests for grant of patent to other nations with low cost. While internationalization is being carried out, a reference of the PCT system is a conservative move on the part of any business enterprise or an inventor seeking to protect his novelty from the nooks and corners of the world.
FAQ(Frequently asked question)
Q1: What is the biggest benefit of filing a PCT application?
The biggest benefit of filing a PCT application is that it provides the inventor with the option of filing one international patent application filed by numerous countries. It is an easy means of acquiring patent protection across the globe.
Q2: What is PCT duration?
PCT completion is within 18 months from the date of international publication priority. Foreign national phase can also be submitted with 30 extra months to applicants.
Q3: Filing at PCT will automatically grant me a patent?
No, your invention will never have an automatic patent by filing at PCT. Foreign state patent filings are merely facilitated by PCT filing. Patent offices of sovereign countries will decide by themselves whether patentability will be granted.
Q4: Do you have to do a national patent application first in order to make a PCT application?
Yes, do a PCT application invention. File wherever you wish to sell your invention or where there is utterly, unusually demand for your invention.