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Protecting your Inventions Abroad: Frequently Asked Questions About the Patent Cooperation Treaty (Percent)

(condition on April 2020)

INTRODUCTION

These frequently asked questions about the Patent Cooperation Treaty (PCT) outline the PCT procedure from an bidder's perspective. For specific questions, further information and contact points, see Question 29.

Overview of the Percent System

1) What is the Patent Cooperation Treaty (PCT)?

The PCT is an international treaty with more than than 150 Contracting States.one The PCT makes it possible to seek patent protection for an invention simultaneously in a big number of countries by filing a unmarried "international" patent awarding instead of filing several separate national or regional patent applications. The granting of patents remains under the command of the national or regional patent Offices in what is called the "national phase".

The Per centum procedure includes:

Filing: you file an international application with a national or regional patent Office or WIPO, complying with the PCT formality requirements, in 1 linguistic communication, and you pay one set of fees.

International Search: an "International Searching Authorisation" (ISA) (ane of the world's major patent Offices) identifies the published patent documents and technical literature ("prior art") which may take an influence on whether your invention is patentable, and establishes a written opinion on your invention's potential patentability.

International Publication: every bit presently as possible later on the expiration of 18 months from the earliest filing date, the content of your international application is disclosed to the earth.

Supplementary International Search (optional): a 2d ISA identifies, at your request, published documents which may not have been found by the outset ISA which carried out the main search because of the diversity of prior art in different languages and unlike technical fields.

International Preliminary Examination (optional): one of the ISAs at your request, carries out an additional patentability analysis, usually on a version of your application which y'all have amended in low-cal of content of the written opinion.

National Stage: after the cease of the Per centum procedure, usually at 30 months from the earliest filing date of your initial application, from which you lot claim priority, you beginning to pursue the grant of your patents directly before the national (or regional) patent Offices of the countries in which you want to obtain them.

2) How do I protect my invention in several countries?

Patents are territorially limited. In gild to protect your invention in multiple countries you take a few options:

(a)  Direct or Paris route: you lot can direct file separate patent applications at the aforementioned time in all of the countries in which you would similar to protect your invention (for some countries, regional patents may be available) or, having filed in a Paris Convention country (one of the Member States of the Paris Convention for the Protection of Industrial Property), then file split patent applications in other Paris Convention countries within 12 months from the filing date of that offset patent application, giving you the benefit in all those countries of claiming the filing date of the first application (see Question 11);

(b)  PCT road: you can file an awarding under the Per centum, directly or within the 12-month menstruation provided for past the Paris Convention from the filing date of a first awarding, which has legal outcome in all Contracting States of the Pct.

Comparison of Paris and Percent Route

3) Who uses the PCT?

The Pct is used past the globe'due south major corporations, research institutions, and universities when they seek international patent protection. Information technology is besides used by modest and medium sized enterprises (SMEs) and individual inventors. The Percent Newsletter contains a yearly list of the largest Per centum filers PDF.

FILING

4) What is the effect of an international patent application?

In general terms, your international patent awarding, provided that information technology complies with the minimum requirements for obtaining an international filing engagement, has the effect of a national patent awarding (and sure regional patent applications) in or for all Pct Contracting States. Moreover, if you comply with certain formal requirements set out in the Treaty and Regulations, which are binding on all of the Percent Contracting States, subsequent adaptation to varying national (or regional) formal requirements (and the cost associated therewith) will not be necessary.

five) Who has the right to file an international patent application under the PCT?

You are entitled to file an international patent application if y'all are a national or resident of a PCT Contracting Land. If there are several applicants named in the international application, only one of them needs to comply with this requirement.

6) Where can I file my international patent application?

You can file an international patent application, in almost cases, with your national patent Office, or direct with WIPO if permitted by your Land's national security provisions. Both of those Offices human activity as PCT "receiving Offices". If you lot are a national or resident of a country which is party to the ARIPO Harare Protocol, the OAPI Bangui Agreement, the Eurasian Patent Convention or the European Patent Convention, you may alternatively file your international patent application with the regional patent Office concerned, if permitted by the applicable national constabulary.

7) Tin can I file PCT applications electronically?

In the vast majority of cases, applicants file Per centum applications electronically. You tin file Percentage applications electronically with any competent receiving Offices which accepts such filings. Preparing the Percent application using the WIPO web service (ePCT-filing) or the software provided by WIPO (Pct-Condom) (IB recommends utilize of ePCT) helps y'all to prepare your applications past automatically validating the entered data and drawing your attending to incorrectly or inconsistently completed parts. Moreover, it helps you to manage your applications, for example, with monitoring time limits for relevant actions. You lot are also entitled to sure PCT fee reductions when filing electronically. More details about Percentage electronic filing tin be plant at world wide web.wipo.int/per centum-safe/en/.

8) What are the costs associated with the filing and processing of an international awarding under the PCT? What are the costs for inbound the national stage?

Per centum applicants generally pay three types of fees when they file their international applications:

(a) an international filing fee of 1,330 Swiss francsii,

(b) a search fee which can vary from approximately 150 to 2,000 Swiss francs2 depending on the ISA chosen, and

(c) a small-scale transmittal fee which varies depending on the receiving Office.

Because an international patent application is constructive in all Pct Contracting States, you do not incur, at this stage in the process, the costs that would arise if y'all prepared and filed separate applications at national and regional Offices. Further information about PCT fees can be obtained from the receiving Offices, the Fee Tables, the Percent Bidder'south Guide and the Percentage Newsletter (see Question 29).

The fees yous volition need to pay every bit you enter the national phase represent the nearly significant pre-grant costs. They tin include fees for translations of your application, national (or regional) Office filing fees and fees for acquiring the services of local patent agents or attorneys. In several Offices however, national filing fees are lower for international patent applications than they are for direct national applications in recognition of the work already done during the international phase. You should likewise remember that in the case of all granted patents, whether or not the Percentage is used to obtain them, you lot will need to pay maintenance fees in each state in order to keep the patents live.

9) Are there whatsoever fee reductions bachelor under the Percentage?

Percentage fee reductions are available to all applicants who file electronically, based on the blazon of filing and the format of the application submitted (encounter Question 7).

In addition, to encourage the use of the Pct Organisation by applicants from developing countries fee reductions of 90% for certain fees, including the international filing fee, are bachelor to natural persons, filing in their ain right.3 This aforementioned 90% reduction applies to any person, whether a natural person or non, who is a national of and resides in a State that is classed as a to the lowest degree adult state past the United Nations. If at that place are several applicants, each must satisfy those criteria.

Some ISAs too provide for a reduction of the international search fee if the applicant or applicants are nationals or residents from certain countries (meet Annex D of the PCT Applicant's Guide).

Some national or regional Offices provide for fee reductions for natural persons, universities, not-for-profit research institutes and small and medium-sized enterprises (SMEs) for the fees you will need to pay as you enter the national phase (run across respective National Chapters of the Percentage Applicant'south Guide).

10) How long does the Per centum process accept?

Yous accept, in almost cases, up to an additional 18 months from the time yous file your international patent application (or usually xxx months from the filing appointment of the initial patent awarding of which yous claim priority – meet Question 11) before you have to begin the national phase procedures with individual patent Offices and to fulfill the national requirements (see Question 26).

This additional time tin be useful for evaluating the chances of obtaining patents and exploiting your invention commercially in the countries in which y'all plan to pursue patent protection, and for assessing both the technical value of your invention and the connected demand for protection in those countries.

It is important to note, yet, that you do not accept to wait for the expiration of 30 months from the earliest filing engagement of your patent awarding ("priority date") before you enter the national phase – you tin can always request an early entry into the national phase.

Since, in the national phase, each patent Function is responsible for examining your application in accord with national or regional patent laws, regulations and practices, the time required for the examination and grant of a patent varies across patent Offices.

11) What does it mean to "merits priority" of an earlier patent awarding?

Generally, patent applicants who wish to protect their invention in more one country usually kickoff file a national or regional patent application with their national or regional patent Office, and within 12 months from the filing date of that first awarding (a time limit set in the Paris Convention, encounter Question 2), they file their international awarding under the PCT.

The outcome of claiming the priority of an before patent application is that a patent shall not exist invalidated by reasons of whatever acts accomplished in the interval, such as another filing, the publication or sale of the invention.

12) In what languages tin an international patent application be filed?

Yous can file an international patent application in any language which the receiving Office accepts. If y'all file your application in a language which is not accustomed by the ISA that is to carry out the international search, you will be required to furnish a translation of the application for the purposes of international search. Receiving Offices are, however, obliged to take filings in at least ane language which is both a language accepted by the competent ISA that is to acquit out the international search (see Question xiii) and a "publication language", that is, i of the languages in which international patent applications are published (Arabic, Chinese, English, French, High german, Japanese, Korean, Portuguese, Russian and Spanish). You therefore ever have the option of filing your international patent awarding in at to the lowest degree one language from which no translation is required for either Percent international search or publication purposes.

INTERNATIONAL SEARCH

thirteen) Which Part will acquit out the international search of my PCT application?

The following have been appointed by the Percentage Contracting States every bit International Searching Authorities (ISAs): the national Offices of Australia, Austria, Brazil, Canada, China, Republic of chile, Arab republic of egypt, Finland, India, Israel, Japan, the Philippines, the South korea, the Russia, Singapore, Spain, Sweden, Turkey, Ukraine and the U.s.a., and the following regional Offices, the European Patent Part, the Nordic Patent Institute and the Visegrad Patent Establish. The availability of a particular ISA to the nationals or residents of a country is determined past the receiving Office where the international application was filed. Some receiving Offices provide a pick of more one competent ISA. If your receiving Office is one of those, yous can choose whatever one of them, taking into account differing requirements relating to language, fees, etc..

14) What is a Per centum international search?

A PCT international search is a high quality search of the relevant patent documents and other technical literature in those languages in which most patent applications are filed (Chinese, English language, German and Japanese, and in sure cases, French, Korean, Russian and Castilian). The high quality of the search is bodacious by the standards prescribed in the PCT for the documentation to be consulted, and past the qualified staff and uniform search methods of the ISAs, which are all experienced patent Offices. The results are published in an international search study and a written opinion of the ISA on the potential patentability of your invention (meet Questions 15 and 18).

xv) What is an international search report?

The international search report consists mainly of a listing of references to published patent documents and technical journal articles which might affect the patentability of the invention disclosed in the international application. The report contains indications for each of the documents listed as to their possible relevance to the critical patentability questions of novelty and inventive step (not-obviousness). Together with the search study, the ISA prepares a written opinion on patentability, which will requite you a detailed analysis of the potential patentability of your invention (meet Question eighteen). The international search report and the written opinion are sent to you lot by the ISA.

sixteen) What is the value of the international search report?

The written report enables you to evaluate your chances of obtaining patents in PCT Contracting States. An international search written report which is favorable, that is, in which the documents (prior art) cited would announced not to forbid the grant of a patent, assists y'all in the farther processing of your application in those countries in which you wish to obtain protection. If a search report is unfavorable (for case, if it lists documents which claiming the novelty and/or inventive step of your invention), you accept the opportunity to ameliorate the claims in your international patent awarding (to ameliorate distinguish your invention from those documents), and have them published, or to withdraw the application before it is published.

17) Will an international search be carried out for all international applications?

As a rule, an international search is carried out for all international applications. There are instances, however, where the ISA will not exist able to carry out a search. For instance, where the international application relates to subject affair which the ISA is non required to search or if the description, claims or drawings are not sufficiently articulate for it to bear out a meaningful search. In such cases, the ISA will event a declaration that no international search report will be issued.

There are too circumstances where the ISA will issue a partial search report. This can occur when, in the view of the ISA, the international application contains multiple inventions but the applicant has not paid additional search fees to encompass the work required to search those additional invention(s).

18) What is the written opinion of the International Searching Potency?

For every international awarding, the ISA will establish, at the same time that it establishes the international search report, a preliminary and non-binding opinion on whether the invention appears to meet the patentability criteria in low-cal of the search report results. The written opinion, which is sent to you together with the international search report, helps you empathize and interpret the results of the search study with specific reference to the text of your international awarding, beingness of special help to you in evaluating your chances of obtaining a patent. The written opinion is made available to the public at the same time equally the application.

If y'all practise not request international preliminary examination  (see Question 23), the written opinion volition grade the basis of the international preliminary report on patentability (IPRP Chapter I) which will exist provided, together with its English language translation at the end of the international phase to the national (or regional) patent Offices;  the determination on the granting of a patent remains the responsibility of each of the national or regional Offices in which you enter the national phase;  the IPRP (Chapter I) should be considered past the Offices but is not binding on them.

SUPPLEMENTARY INTERNATIONAL SEARCH

nineteen) What is the Percent supplementary international search?

Supplementary international search permits the applicant to asking, in addition to the international search (the "principal international search"), one or more than supplementary international searches each to exist carried out by an ISA other than the ISA which carried out the primary international search. The additional search has the potential of reducing the chance of new patent documents and other technical literature being discovered in the national phase since, past requesting supplementary search the applicant tin can overstate the linguistic and/or technical scope of the documentation searched.

xx) What is the supplementary international search written report?

The supplementary international search report is more often than not similar in content and appearance to the main international search report; information technology contains a listing of references to patent documents and other technical literature which may affect the patentability of the invention claimed in the international application. However, it does not repeat documents which take already been cited in the international search report, unless this is necessary because of new relevance when read in conjunction with other documents discovered during the supplementary international search. On occasion, the supplementary international search report may comprise more detailed explanations than those in the master international search report. This is due to the fact that, unlike the master international search, no written opinion is established with the supplementary international search report, and these additional details are helpful for a full agreement of the references listed.

INTERNATIONAL PUBLICATION

21) What does international publication under the PCT consist of?

WIPO publishes the international application shortly later on the expiration of 18 months from the priority date (if it has not been withdrawn before), together with the international search study. Percent international applications are published online on PATENTSCOPE, a powerful, fully searchable database with flexible, multilingual interfaces and translation tools to aid users and the public in agreement the content of published applications..

22) Tin can tertiary parties access documents contained in the file of the international application? If so, when?

Until international publication (eighteen months after the priority date), no third party is immune access to your international application unless you as applicant request or authorize information technology. If you wish to withdraw your application (and you do and so before international publication), international publication does non have identify and, as a consequence, no admission by third parties is permitted. Nonetheless, when international publication occurs, certain documents in the international application file are made available on PATENTSCOPE together with the published international awarding, for instance, the written opinion of the ISA and any informal comments on the written opinion.

INTERNATIONAL PRELIMINARY Exam

23) What is international preliminary exam?

International preliminary examination is a second evaluation of the potential patentability of the invention, using the same standards on which the written opinion of the ISA was based (see Question xviii). If you wish to make amendments to your international application in order to overcome documents identified in the international search written report and conclusions made in the written stance of the ISA, international preliminary test provides the merely possibility to actively participate in the exam process and potentially influence the findings of the examiner earlier entering the national phase – yous can submit amendments and arguments and are entitled to an interview with the examiner. At the end of the procedure, an international preliminary report on patentability (IPRP Chapter II) volition be issued.

The International Preliminary Examining Authorities (IPEAs) which carry out the international preliminary examination are the ISAs mentioned above (see Question xiii). For a given PCT application, there may be one or more than competent IPEAs; your receiving Office tin can supply details or you may consult the Percentage Bidder's Guide and the PCT Newsletter.

24) What is the value of the international preliminary report on patentability (Affiliate II)?

The IPRP (Chapter II) which is provided to you, to WIPO and to the national (or regional) patent Offices, consists of an opinion on the compliance with the international patentability criteria of each of the claims which have been searched. It provides you with an even stronger basis on which to evaluate your chances of obtaining patents, in virtually cases on an amended application, and, if the report is favorable, a stronger basis on which to continue with your application before the national and regional patent Offices. The decision on the granting of a patent remains the responsibleness of each of the national or regional Offices in which y'all enter the national phase; the IPRP (Chapter II) should be considered by the Offices but is not bounden on them.

NATIONAL PHASE

25) How practise I enter the national phase?

It is only after yous have decided whether, and in respect of which States, you wish to proceed further with your international awarding that you must fulfill the requirements for entry into the national phase. These requirements include paying national fees and, in some cases, filing translations of the awarding. These steps must be taken, in relation to the majority of PCT Contracting States' patent Offices, before the finish of the 30th month from the priority date. At that place may besides be other requirements in connection with the entry into the national phase – for instance, the appointment of local agents. More general data on national phase entry tin can be found in the PCT Bidder's Guide, National Phase, and specific data apropos fees and national requirements can be found in the national capacity for each Percent Contracting Land in the same Guide.

26) What happens to my application in the national stage?

Once y'all have entered the national stage, the national or regional patent Offices concerned begin the procedure of determining whether they will grant y'all a patent. Any test which these Offices may undertake should be made easier by the Percentage international search written report and the written stance and fifty-fifty more by an international preliminary examination report.

FURTHER Information

27) What is the role of WIPO in the PCT?

WIPO administers the PCT. It besides serves as Secretariat to member States bodies such every bit the Per centum Associates, the Per centum Working Group and the Meeting of International Authorities. Further, for each PCT application filed, WIPO is responsible for:

– receiving and storing all application documents;
– performing a formality examination;
– publishing the international application on WIPO'southward online database PATENTSCOPE;
– publishing data nearly the PCT application every bit prescribed in the Treaty and Regulations;
– translating various portions of the Pct application and certain associated documents into English and/or French, where necessary;
– communicating documents to Offices and third parties; and
– providing legal advice on asking to Offices and users.

WIPO also:

– provides overall coordination of the PCT System;
– provides assistance to existing, new and potential Contracting States and their Offices;
– provides advice on implementing the PCT in the national legislation and on setting up internal procedures in the Contracting States' patent Offices;
– publishes the PCT Applicant's Guide and the PCT Newsletter;
– creates and disseminates PCT information via the PCT website, webinars, and through telephone and electronic mail assistance; and
– organizes and gives PCT seminars and training courses.

28) What are the advantages of the Patent Cooperation Treaty?

The PCT System has many advantages for you equally an bidder, for the patent Offices and for the full general public:

(a)  you take upwardly to 18 months more if you had not used the Percentage to reflect on the desirability of seeking protection in foreign countries, to appoint local patent agents in each foreign state, to prepare the necessary translations and to pay the national fees;

(b)  if your international application is in the class prescribed by the Pct, it cannot exist rejected on formal grounds by whatsoever PCT Contracting State patent Role during the national phase of the processing of the awarding;

(c)  the international search written report and written stance contain important information nigh the potential patentability of your invention, providing a strong basis for you lot to make business decisions about how to proceed;

(d)  you have the possibility during the optional international preliminary test to amend the international application, enter into dialogue with the examiner to fully fence your example and put the application in gild earlier processing by the various national patent Offices;

(eastward)  the search and exam work of patent Offices in the national phase can be considerably reduced thanks to the international search report, the written opinion and, where applicable, the international preliminary report on patentability that accompany the international application;

(f)  you may be able to fast-runway exam procedures in the national phase in Contracting States that have PCT-Patent Prosecution Highway (PCT-PPH) agreements or similar arrangements;

(m)  since each international application is published together with an international search report, third parties are in a better position to evaluate the potential patentability of the claimed invention;

(h)  for you as an applicant, international publication online puts the world on discover of your invention. Yous may as well highlight your interest in concluding licensing agreements on PATENTSCOPE, which can be an effective means of advertising and looking for potential licensees;

(i)  you lot likewise achieve other savings in certificate preparation, communication and translations because the work washed during the international processing is generally not repeated before each Role (for case, you submit but one copy of the priority certificate instead of having to submit several copies); and

(j)  if your invention appears to be not patentable at the end of the international phase, you may abandon the PCT awarding and you will have saved the costs you would otherwise take incurred by direct seeking protection in foreign countries, appointing local patent agents in each foreign state, preparing the necessary translations and paying the national fees.

Ultimately, the PCT:

– brings the world within reach;
– streamlines the process of fulfilling diverse formality requirements;
– postpones the major costs associated with seeking multinational patent protection;
– provides a stiff footing for patenting decisions; and
– is used by the world's major corporations, enquiry institutions and universities when they seek multinational patent protection.four

29) Where can I find out more near the Pct?

On the PCT website and in the various PCT publications you will detect data in various language versions, including:

– PCT Applicant'southward Guide;
– Percentage Newsletter (monthly);
– Pct Highlights;
– Learn the PctVideo Series;
 – Percent Distance Learning Course;
– Seminars; and
–PCT Webinars

If you are considering filing an international patent awarding under the Percent, you lot are advised to consult a qualified patent attorney or agent in your country, and/or your national or regional patent Function.

Percentage Data Service (for full general questions about the PCT):
Telephone: (41 22) 338 83 38
E-mail: pct.infoline@wipo.int

For filing international applications directly with WIPO, please contact:
World Intellectual Property Organization
Per centum Receiving and Processing Section
34, chemin des Colombettes
CH-1211 Geneva 20, Switzerland
Telephone: (41 22) 338 92 22
Electronic mail: ro.ib@wipo.int
Website address: world wide web.wipo.int/percent/en/filing/filing.html
ePCT
WIPO IP Portal

  1. The listing of those States can be constitute on the WIPO website at world wide web.wipo.int/pct/en/pct_contracting_states.html.
  2. Amount applicable on April 1, 2020.
  3. Consult full list of States www.wipo.int/pct/en/fees/fee_reduction.pdf and 2017 Assembly Understanding www.wipo.int/per centum/en/fees/2017_fee.html.
  4. Such as: ZTE Corporation, Panasonic, Sharp, Huawei, Bosch, Toyota, Qualcomm, Siemens, Philips, Ericsson, Academy of California, MIT, Harvard University, Johns Hopkins Academy, Columbia University, University of Texas organisation, Seoul National University, Leland Stanford Inferior University, Peking University, University of Florida.

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Source: https://www.wipo.int/pct/en/faqs/faqs.html