PCT Application Filing: Everything you need to know

People, multinational corporations, research institutes, and universities use patent protection to safeguard inventions. Patent protection only protects the patent rights in the nation it is filed because it is jurisdiction-specific.

The necessity to opt for a PCT application for global patent protection arises when a patent applicant seeks patent protection in other countries. The two main avenues for requesting international patent protection are Convention Patent Application and PCT Application. In this blog today, we will focus on “PCT application Filing”

What is a PCT application?

To make PCT an international treaty, over 155 countries have accepted it. Unlike a conventional application, where you have to file many national or regional patent applications. PCT application allows you to file a single “international” patent application to get patent protection for innovation in many jurisdictions simultaneously.

Still, the granting of patent is controlled by the national or regional patent offices and this phase is known as “national phase”

Bonus Read: How to expand your patent protection overseas?

What is the Procedure to file a PCT application?

The procedure for filing a PCT application is:

• Filing: You apply with a national or regional patent office or WIPO in one language, under the PCT formality requirements, and you pay a single set of fees.
• International Search: One of the world’s major patent offices known as the “International Searching Authority” (ISA) locates prior arts that can affect the patentability of your invention and then offers a written opinion.
• International Publication: The content of your international application is made public as soon as possible after the expiration of 18 months from the earliest filing date.
• Supplementary International Search (optional): Because of the diversity of prior art in various languages and technical domains, a second ISA discovers published papers that may not have been discovered by the first ISA doing the primary search at your request.
• International Preliminary Examination (optional): One of the ISAs performs a supplementary patentability search at your request, on a revised version of your application that you submitted after considering the written opinion’s recommendations.
• National Phase: You pursue the grant of your patent applications before the national (or geographical) patent offices of the jurisdictions in which you wish to get them after the completion of the PCT procedure, 30 months from the earliest date of filing of your initial application from which you claim priority.

What are the costs associated with a PCT Application?

Three different expenses are typically incurred while filing for a PCT application by applicants when they submit their international applications:

• a fee for International patent filing,
• a search fee, which may differ according to the ISA selected, and
• a nominal transmittal fee that varies as per the receiving Office.

You can also refer to this link to know more about Fees related things provided by WIPO: PCT Fee Tables

What are the Payment methods that you can use to pay for filing a PCT Application?

As per WIPO, Fees and Payments – PCT system, you can pay your PCT fees to WIPO in one of four ways:

• Option 1: Current Account at WIPO
• Option 2: Credit Card (under certain circumstances)
• Option 3: PayPal
• Option 4: bank transfer
• Option 5 (within Europe only): Postal Transfer 

What is the main advantage of filing the PCT Application?

The main advantage of filing a PCT application is that you get a 30 or 31-month filing term in PCT member countries depending on national patent regulations.

The international search report from the International Search Authority (ISA) or the written opinion can also be used by the applicant to determine if the invention is reasonably patentable in the regions or countries where the patent is requested.

Importance of Patent Translation in PCT Filing

A process for filing patent applications that is valid in each of the member countries is established under the Patent Cooperation Treaty (PCT). The WIPO provides the service in question (World Industrial Property Organization). The applicant gets patent protection through this process in 155 nations.

Intellectual property is a tool that makes sure businesses stay competitive and in operation in a global economy. Because of this, one of the key goals innovators pursue when they patent their discoveries is maximum internationalization.

The original patent must be translated into the language of the country in which the innovation is going to be marketed in order for inventors to protect their idea across international borders. In order to get the certificate for the title of registration allowed by the law in the relevant country, translation is therefore required. The translation of a patent must be of the superior quality while filing a PCT application. Be aware that if the patent translation is inaccurate, the various national offices may limit a PCT after it has passed the national phase or even declare it invalid.

How Wissen Research can help you file PCT application?

Wissen Research’s team manages PCT applications effortlessly. We have successfully handled national phase PCT applications both inside and outside of India in several instances.

Our patent agents have collaborated with patent law firms and attorneys around the world and are qualified to submit PCT applications in India and/or at WIPO. This is how we can help you file a PCT application:

• Our professionals can assist you in setting up the best patent paperwork and explore the crucial proceeding of filing a patent in India and across the world.
• Our patent expertise and counsel have specialized in PCT and International filings. We embrace filings at practically all wards with the help of our joint efforts with patent lawyers in different nations.
• Expert translators trained in the language of intellectual property law in diverse jurisdictions.
• Collaboration with highly qualified associates having science backgrounds from various countries.
• We prepare patent applications in compliance with specific jurisdiction protocols.

Conclusion

Every year, changes are made to the PCT system to make it more user-friendly and to ensure that it continues to support the objectives of the applicants and the national patent offices in various nations.

The pact fosters international cooperation, inspires innovators, and permits the spread of technological innovation throughout the globe.