PCT Application Filing: Gateway to International Patent Protection
PCT Application Filing: Gateway to International Patent Protection
Blog Article
An international agreement known as the Patent Cooperation Treaty (PCT) makes it easier to submit patent applications across borders. Under the PCT, which is accepted by more than 150 member nations, including India, inventors can submit a single international patent application rather than submitting separate applications in each nation.
A PCT application does not grant an international patent. Rather, it speeds up the process by giving applicants up to 30 or 31 months after the priority date to select which member countries they want to apply for protection in.
Procedure for Filing a PCT:
Submit a Provisional or National Application
The first step in the PCT process is submitting a priority patent application in your home country, such as India.
Submit a PCT application.
Submit a PCT application to WIPO (International Bureau) or the Indian Patent Office (Receiving Office) within a year of the priority date.
Report on International Search (ISR)
A search report and patentability opinion are provided by a designated International Searching Authority (ISA).
International Preliminary Examination (IPE) Option: To further evaluate patentability, applicants may request a comprehensive opinion.
Phase Entry at the National Level
The applicant must submit separate applications in the countries where protection is desired (referred to as the "National Phase") within 30 or 31 months of the priority date.
Benefits of PCT Filing: Multiple countries are covered by a single filing.
More time to evaluate business potential and obtain capital
lessens the administrative load and upfront expenses
offers a strong legal foundation for international protection.
In conclusion, for inventors, new businesses, and organisations looking for worldwide patent protection, PCT filing is a wise decision. It is a wise choice for innovations with global potential because it provides flexibility, global reach, and time to plan for expansion.