Are you looking for help to file a patent application according to PCT guidelines? Do you need an international preliminary report? Our firm employs highly qualified professionals fully capable of performing all PCT – or Patent Cooperation Treaty – related tasks and procedures.
What is the PCT based on?
PCT is an international treaty that has seen a progressive increase in its member states since 1978, the year it became operative, although it was signed 8 years prior in Washington. The PCT slowly gained importance with the participation of countries from the five continents. Today, the Treaty boasts a total participation of 150 states.
When filing a patent application, the PCT allows granting international patents for all these countries without having to file an application in each country separately. This makes it far easier when it comes to having an international patent.
Requirements for obtaining an international patent
Having a worldwide patent is perfect for many of those projects which require a quick internationalization process to make the most of the great advantages of obtaining a patent in many countries around the world.
The monopoly over an invention or technology in multiple countries is a clear and major advantage as it strategically prevents the manufacture and sale of our product in specific territories by other companies or competitors.
Moreover, there is also the possibility of granting a license to work the invention in exchange for trade agreements that are favorable to our interests or monetary payment. Other forms involving a mix between an agreement and payment may also apply.
International patent requirements are the same as those of any other patent. In other words, international patents must:
- Present novelty and cannot have been published prior to filing the application for registration.
- Involve inventive step, i.e., they do not constitute obvious solutions for one skilled in the art.
- And, be industrially applicable.
PCT Procedure
The PCT procedure is a rather complex process which is summarized as follows:
Filing a formal application
According to patent filing requirements, the first step of the PCT is to file the international patent application before the corresponding (national or regional) patent office or the WIPO (World Intellectual property Organization). The application is filed in only one language and fees are paid during said filing.
Amounts and official fees
How much does it cost to patent a PCT? The PCT application has a price that adds three different fees: the international filing fee (about 40 euros per sheet for 30 sheets, plus 14 euros per additional sheet), the search fee (1775 euros) and the transmission fee, which does not reach 75 euros.
International search report
The ISA (International Searching Authority) will issue a report, giving its opinion on the viability of the filed international patent application. To that end, the ISA will locate all the documents which may affect said filed patent.
International publication
Content is disclosed after 18 months.
Supplementary international search
If required, the applicant may request another ISA to locate published documents that the first ISA was perhaps unable to find during its search.
International preliminary report
An additional analysis of the patent viability conditions is also possible. It may be requested by the party who wants to obtain the patent.
National patent grant phase
Actions are taken in each national or regional receiving office to render the patent grant effective in each country.