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Patent Cooperation Treaty (PCT)

An international patent application is typically filed under the Patent Cooperation Treaty (PCT). It allows inventors and companies to seek patent protection in multiple countries through a single application. Here’s how the process works:

Key Steps in Filing an International Patent Application:

  1. Filing the Application:
    • You file the application with a Receiving Office (RO), which is Indian Patent Office or the World Intellectual Property Organization (WIPO).
    • The application includes a description of the invention, claims, drawings (if necessary), and an abstract.
  2. International Search:
    • After filing, an International Searching Authority (ISA) performs a patentability search to find prior art (existing inventions that are similar to yours).
    • You receive an International Search Report (ISR) and a Written Opinion on whether your invention seems to be novel and inventive.
  3. Publication:
    • 18 months after the filing date, the international patent application is published by WIPO. This doesn’t grant you a patent yet but makes your application publicly available.
  4. Optional International Preliminary Examination:
    • You can request an International Preliminary Examination (Chapter II) to receive a further opinion on patentability before entering the national phase.
  5. National Phase Entry:
    • After the international phase (usually 30 months from the earliest filing date), you must enter the national phase in each country where you seek patent protection. This involves submitting translations, paying national fees, and complying with each country’s specific requirements.
  6. Granting of Patent:
    • Each national or regional patent office will examine your application according to its own laws and decide whether to grant a patent.

Advantages of the PCT:

  • You have more time (up to 30 months) to decide where to seek protection.
  • The initial patent search and examination can give you insight into the chances of patentability.
  • Filing through the PCT is cost-effective and simplifies the process for multinational patent protection.

Patent Attorney (India) can guide you through this entire process.

Tags- WIPO, PCT, Swarupa Ghosh (Patent Attorney & Advocate, High Court Calcutta), IPINDIA