PCT International Application
PCT (Patent Cooperation treaty) is international treaty through which an application for patent can be filed in multiple countries on the basis of single application made before PCT. This treaty is administered by world Intellectual Property Organization (WIPO). Currently, there are around 157 contracting members in PCT.
Since the patent rights are territorial in nature; therefore, separate applications for patent are required to be made in countries where the applicant is willing to protect the invention. On the other hand, filing multiple applications before patent authorities of countries of interest within twelve (12) months from the priority date (as per Paris convention route) impose undue hassle
The applicant, such as:
The applicant is required to arrange a huge fund for filing patent application before multiple patent offices (including official fee as well as local Attorney fee);
•The applicant is required to ensure that all such applications pertaining to the same invention be filed simultaneously; and
•The Applicant can not extend the patent application to additional countries.
PCT International application is devoid of these disadvantages and offers certain advantage which makes PCT International application a better route for filing patent applications in foreign countries. These advantages are:
•The PCT International application is deemed to be filed before each and every patent office of its member countries; provided that a national phase application is filed within an extended period. Thus, there is no hassle to manage simultaneous filing before multiple countries; instead, a single window is available for filing patent application in multiple countries;
•The PCT International application provides the applicant extended time to arrange funds for filing patent application before multiple patent offices;
•The PCT International application allows the applicant to finalize the countries of interest till the national filing deadline (~30 months from the priority date)
•The PCT International application facilitate the grant of the patent by offering an international search/examination and opportunity of claim amendment;
•The PCT International application facilitate the grant of the patent by offering digital access of priority documents through WIPO digital access service (DAS)
It is always advisable to opt for a PCT International Application in case the applicant is willing to take advantage of any of the feature explained above herein or where the applicant is willing to file their application in more than three foreign countries.
We at Delhi IP have Patent Agents/Attorneys who are expert in filing PCT International application for our client and get their patent application be filed in foreign countries through this route.