Patent Cooperation Treaty: All You Need To Know

Introduction: Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty was established to streamline patent applications in multiple countries at the same time.

Its formation was centered on resolving multi-country patent application issues. This article will provide a comprehensive overview of the PCT's operation, its purpose, and its procedure. This information is essential for anyone who wishes to understand how to protect their invention as they begin the global commercialization of their innovation.

What Is The Patent Cooperation Treaty (PCT)?

The Patent Cooperation Treaty (PCT) standardizes how patent applications are filed, allowing inventors and business owners to protect their inventions in 150 countries at the same time. As a result, anyone with a novel idea can safeguard it by filing a single international patent application rather than multiple national and regional patent applications.

The Advantages of PCT for Inventors

• Applying for PCT confers significant benefits for patents because it is administered by the World Intellectual Property Organization (WIPO).
  
  
• The PCT establishes a streamlined procedure for filing patent applications in each country that has agreed to process PCT applications. As a result, the treaty makes a wide range of technical knowledge and information related to those inventions more accessible to the public.
  
  
• The PCT has increased the likelihood of the patent office granting protection. Currently, there are an estimated 156 contracted countries worldwide, including the United Arab Emirates.

It is essential to remember that just because a PCT application is referred to as an "international patent application," that does not mean that all contracting states will grant the patent automatically.

In general, there is no such thing as a global patent. To be more precise, a "patent" is a privilege or right granted by each country or region. Whether or not a PCT application is granted depends on the national or regional law in each country.

The PCT application must be filed by a certain date for the innovation to move on to a national or regional phase. During this phase, the patent can be evaluated and accepted based on the laws of the contracting nations where the patent is being sought. This provides businesses with an abundance of chances to expand their innovation and global influence.

It is essential to remember that just because a PCT application is referred to as an "international patent application," that does not mean that all contracting states will grant the patent automatically.

Insight into the PCT Application Procedure

To begin the patenting process, you must first file an "international patent application" with the appropriate patent office, known as a Receiving Office (RO).

• You must file an international application, also known as a PCT application.
  
  
• The application is then filed in the language of the applicable jurisdiction, although a translation of the application may be required for the international search and publication procedure.

Expert Insight: This largely depends on the official language of the country of application and the International Searching Authority tasked with evaluating the patent.

• The PCT application will be invalidated if at least one of the applicants is not a native or resident of one of the PCT contracting states.

 As stated earlier, there are more than 150 countries that are PCT members. If you are curious about whether or not you belong to one of these states, you can go to this link from WIPO’s website. https://www.wipo.int/pct/en/pct_contracting_states.html,

• Prior to an incorrectly assigned PCT filing date, it is vital for the applicant to confirm that they are nationals of a contracting state.

In the event that this is not done, the "Receiving Office," or RO, may declare the applications to be repealed or withdrawn within four months of the filing date.

If the applicant's nationality or place of residence changes in the future, the international application will remain valid.

Moving Forward

• After filing a PCT application, the patent application is automatically assigned to all contracting states for examination.
  
  
• In each of the states listed in the PCT filing date, a valid PCT application that complies with the national patent laws will have the same effect as a regular, single national application.
  
  
• The filing date of the PCT application is considered the actual filing date in each designated state.

PCT Timeline and Fees

• By filing a PCT application, you can avoid paying national filing fees, attorney fees, and translation fees for up to 30 months after filing your patent application.
  
  
• After filing, an international patent office can provide information about the potential or patentability of your innovation.

The Evaluation Methodology: International Security Authority (ISA)

ISA is a volunteer organization that serves as an international search authority for PCT applications. Following the submission of your application to the RO, it is forwarded to the International Security Authority.

Functions of ISA

The ISA's primary function is to receive your patent filing from the RO and verify the number of innovations declared in the application. This is known as searching for a "unity of inventions."

Expert Insight: The term "unity of inventions" refers to a PCT application that contains numerous inventions that are similar or identical. If this is the case, you may be required to pay additional fees.

The Common Validation Procedure

The ISA is in charge of ensuring that your application's titles and abstracts comply with PCT requirements:

• Validation that the abstract of the PCT application is concise and clear in its description of the innovation.
• In the event that there is a problem with the application's compliance with the intended regulation, you will likely be required to rewrite your application to conform to the requirements.
• If an application encounters an error, the ISA is the primary entity with which you will communicate. After reviewing your request, they have the authority to correct any errors. The ISA will then notify you whether your amendment request is valid or not.

Zero Duplicates: International Search Report

The ISA is responsible for preparing international search reports for all PCT applications. This search examines the most pertinent document to the invention to determine whether any prior art exists outside of the country of application.

What is Prior Art?

Prior art refers to any innovation or invention that has been granted a patent on a global scale. This is done in order to validate the innovation’s authenticity.

Expert Insight: An international search report can take up to 16 months to complete (although processing times can vary depending on the circumstances). If the outcome of the ISR and a written opinion regarding the patentability of the application are favorable, the innovation is published and made public on the WIPO website.

An approved PCT application is published by the International Bureau, whose headquarters are in Geneva, Switzerland, and is available on the WIPO website. The application is made available in ten languages:

• English
• Arabic
• Chinese
• French
• German
• Japanese
• Korean
• Portuguese
• Russian
• Spanish

Typically, publication occurs 18 months after the filing date of the application or, if priority is claimed, from the earliest date on which the priority could have been established.

Following that, WIPO publishes your PCT application. This raises awareness of your invention, thereby increasing the number of potential investors who are aware of it. This may increase your business's global customer acquisition opportunities.

How will a Patent registration shield my invention?

Having a patent will prevent others from stealing, copying, and profiting from your ideas. When it comes to protecting your idea in many countries, however, it can be difficult to bring your invention to market as a commercial product. There may even be a sense that it is a massive task with its own set of unique challenges.

For example, filing multiple patents creates uncertainty about whether the patent application will be granted or not. Furthermore, they are traditionally regarded as costly to enforce.

This is obvious when you consider how difficult it is to obtain a different patent in numerous countries at once. This is where the PCT comes in.

Conclusion: PCT Vs. National Patent Filing

A PCT filing method is preferred over the conventional method by about 60% of people who want protection outside of their home countries because an international patent application has many advantages over a national patent application.

• Using the PCT application essentially gives you access to a single process with global legal implications.
• In comparison to the conventional patent route, it also gives you more details and more time to make changes, correct errors, or withdraw.
• By deferring significant fees, PCT also enables you to benefit from time and cost savings.

Due to these flexibilities, you can make well-informed business decisions that meet your patent requirements. No matter if you are a single innovator, an SME, a nonprofit organization, a university, or even a global corporation, you must innovate.

PCT is the most effective option for innovators who want their businesses to expand internationally.

When it comes to PCT applications, Abou Naja Intellectual Property would be your ideal consultant as an IP firm that has been deeply immersed in the global patent filing. Contact us at [email protected] for a complimentary and comprehensive consultation in which our patent experts will explain all aspects of a patent application under the Patent Cooperation Treaty.