Regularly check our site to learn about PCT filing and more crucial ideas. The patent Cooperation Treaty is known as PCT. It is an international agreement that has more than 150 members. Submitting a single PCT application offers a platform for directly filing patent applications for innovation in numerous member nations.
It does not require submitting individual patent applications in every member state. One PCT application might be submitted if the applicant wants to cover multiple nations. Therefore, it is crucial to understand that simply offering a PCT application does not give protection in any of the member nations. In each country, the candidate is hoping to join a personnel entry. Each nation has the power to award a patent for the patent application.
International Patent Filing
Let’s get an example to understand this concept better. Suppose you have a creative idea that attracts the interest of investors around the world. Or that you want to promote internationally but are scared about imitations. You worry that someone might steal your concept if you share it with the world. Thus, before displaying it to the public or launching it, you are looking for a strategy to protect it from others. Now, if your invention satisfies the conditions for patent filing, you can receive a patent to protect it.
You should be aware that a patent will grant you national rights. In other words, filing a patent application in India will only protect your rights there. People from foreign nations that do not have intellectual property protection may use or copy your invention for their gain. In this case, you must also secure your idea in other nations if you want it to continue to protect internationally.
You must now investigate the methods for getting patent protection in each nation where you wish to secure your invention. In general, there are three methods described below for submitting a patent application in another country:
- Direct technique:
- You can immediately file a patent application in the nation where you want to secure your concept. You can choose a country based on your demands.
- The usual method is as follows. Imagine you have already submitted your initial patent application in India. And want to do so in other nations. In this situation, you only have a year to submit it to another Paris Agreement member nation.
- The PCT filing method may be the most successful for filing an international patent. But, there are a few reasons why people choose PCT filing over other international patent filing methods.
- For example, you need extra time if you feel that 12 months is insufficient to select the nation or countries where you want to protect your idea.
- Second, if you need more time and do not want to invest money in this project within a year.
- Third, if you believe it will take less than a year to find patent attorneys for other nations.
- Fourth, you want to make submitting a patent in foreign nations easier.
In the above situations, PCT filing is better than the other methods of international patent filing. A PCT application gives the desirable member countries an additional 18 months to begin the national phase. The applicant must enter the national phase within 30/31 months of filing their first patent application with the Patent Office of a Member Country (as the case may be). This is one advantage over the normal filing process, which gives applicants only 12 months from the first patent filing date to choose a country of interest.
You can see from the discussion of foreign patent filing above that filing a patent is a strategic decision. You must be aware of your requirements before selecting the most effective method for filing an international patent. It’s essential to keep an important topic in mind. International patent filing is sometimes used unintentionally. They believe they can protect their innovation globally by submitting a single patent application, but this is incorrect. Wherever they want to protect their concept, they must submit a patent application.
WHO CAN SUBMIT A PCT APPLICATION?
Anyone citizen or resident of a PCT member country may file a PCT application. A PCT application may be submitted directly to the International Bureau (IB) at the World Intellectual Property Organization (WIPO) headquarters or in the member countries that act as the receiving office. WIPO, a global forum for Intellectual Property (IP) services, policy, information, and cooperation, manages the PCT. When choosing international patent filing, an important point is that the application must be submitted within 12 months of the first filing date. Also, the international filing or PCT filing date will be considered a priority patent filing date in cases where the patent application does not contain a primary focus filing or first filing date.
PCT filing PROCESS:
- Please see the PCT process’s key steps below: PCT patent application in a participating country
- filing a PCT patent with the collecting office within a year of the first filing date
- Under the PCT patent submission, an international search report (ISR) and written opinion were published.
- after 18 months, publishing of a PCT application filed with an ISR and a written judgment
- Within 30/31 months following the first patent filing, the applicant must begin the PCT national process in the target country.
From the analysis above, it is noticeable that PCT filing is beneficial for the following reasons: first, it provides a smooth patent application procedure for several nations; and second, it offers a longer schedule for starting the national phase. It allows the applicant enough time to find partners in other members, evaluate the market in a future member country, and set funding for national phase filings. So this is all about PCT filing.