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What is PCT?

What are the objectives of PCT?

How does one prepare for PCT?

What resources are available for PCT preparation?

When should one start preparing for PCT?

What is the duration of PCT?

Can one work while preparing for PCT?

Are there specific subjects required for PCT?

How are candidates assessed during PCT?

What happens after completing PCT?

# Protecting Your Inventions Abroad: Frequently Asked Questions About the Patent Cooperation Treaty (PCT)

## INTRODUCTION
The Patent Cooperation Treaty (PCT) is a global
system designed to simplify the process of protecting inventions across multiple
countries. It provides a streamlined procedure
for filing patent applications that can cover 71 contracting states, allowing inventors and companies to protect their intellectual
property more efficiently.

## Overview of the PCT System
The PCT system offers a cost-effective and time-efficient
alternative to the traditional route of filing separate national patents in each country where protection is
desired. By submitting one application to the World Intellectual Property Organization (WIPO), through the European Patent Office (EPO), you can secure patent protection in many countries simultaneously.

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

The PCT is an international treaty administered by WIPO, which allows applicants to file a single patent application that can be extended to
other member countries. This system is particularly useful for inventions that are intended for commercial use in multiple jurisdictions.

## How Do I Protect My Invention in Several Countries?
If you want to protect your invention in several countries, the PCT is an ideal choice.

By filing one international application with the EPO, you can obtain patent protection in all member countries of the PCT
without needing to file separate applications in each country.

## Comparison of Paris and PCT Route
The PCT route differs from the Paris Convention for
the Protection of Industrial Property (Paris Convention) in several ways.
The PCT allows applicants to submit one application that covers multiple countries, while the Paris Convention requires filing separate national applications.
The PCT also provides an optional preliminary examination, which can save time and costs.

## Who Uses the PCT?
The PCT is primarily used by inventors, research institutions,
and corporations that wish to protect their inventions globally.
It is particularly beneficial for those who anticipate commercial
success in multiple markets.

## FILING
### What Is the Effect of an International Patent Application?
An international patent application under the PCT provides legal protection for your invention in the countries where the application is validated.
This protection can prevent others from using, manufacturing, or
selling your invention in those territories.

### Who Has the Right to File an International Patent Application Under the PCT?

The right to file an international patent application belongs to the applicant who owns the invention. This includes the inventors and their legal representatives
or assignees.

### Where Can I File My International Patent Application?
You can file your international patent application at the EPO in Europe,
provided your invention has a significant technical content.
Alternatively, you can file directly with WIPO if your country is not part of
the EPO jurisdiction.

### Can I File PCT Applications Electronically?
Yes, most PCT applications can be filed electronically through the EPO
or WIPO’s online platforms. This makes the process more convenient and efficient.

### Are There Any Fee Reductions Available Under the PCT?

Yes, fee reductions are available under certain conditions.
For example, small and medium-sized enterprises (SMEs) may benefit from
reduced fees in some contracting countries.

### How Long Does the PCT Process Take?
The PCT process can take varying lengths of time depending on the country.
However, the international search and preliminary examination stages are generally faster compared to the traditional national
filing approach.

### What Does It Mean to “Claim Priority” of an Earlier Patent
Application?
Claim priority refers to the right of an applicant to claim
priority from a previous patent application (or a patent) filed in any country or territory that is a member of the Paris Convention. This allows you to extend the protection period of your invention.

### In What Languages Can an International Patent Application Be Filed?

International patent applications under the PCT can typically be filed in English,
French, Spanish, German, or Japanese. The specific
language requirements depend on the contracting country and
the office handling the application.

## INTERNATIONAL SEARCH
### Which Office Will Carry Out the International Search of My PCT Application?
The international search is conducted by the International Searching Authority
(ISA), which is either the EPO or another designated authority depending
on the circumstances.

### What Is a PCT International Search?
An international search involves examining the prior art relevant to your
invention. The ISA will conduct a thorough search of patent databases and
other sources to identify existing patents that may affect the novelty, utility, or
non-obviousness of your invention.

### What Is an International Search Report?
The international search report is a document produced by
the ISA after conducting the search. It identifies relevant
prior art and provides an opinion on whether your invention is novel, useful, and non-obvious.

### What Is the Value of the International Search
Report?
The search report is invaluable for applicants as it helps identify potential issues with their invention’s novelty and validity.
It can also guide the preparation of a patentability opinion or facilitate amendments to
the application.

### Will an International Search Be Carried Out for All International Applications?

Yes, under the PCT system, every international application undergoes an international search unless specifically
excluded by the applicant.

### What Is the Written Opinion of the International Searching Authority?

The written opinion is a legal interpretation provided by the ISA in response to the search report.
It assesses the patentability of the invention and provides recommendations regarding its prosecution.

## SUPPLEMENTARY INTERNATIONAL SEARCH
### What Is the PCT Supplementary International Search?

A supplementary international search can be conducted if the initial search did not uncover all relevant
prior art. This is often done if the original search was incomplete or if
new prior art becomes available later.

### What Is the Supplementary International Search Report?

The supplementary search report provides additional information on the novelty, utility, and non-obviousness
of your invention based on the new prior
art identified during the supplementary search.

## INTERNATIONAL PUBLICATION
### What Does International Publication Under the PCT Consist Of?

International publication under the PCT involves making the
international patent application available
to the public. This is done by submitting the application to WIPO, which publishes it in one or more official journals.

### Can Third Parties Access Documents Contained in the File of the International
Application? If So, When?
Third parties can access the documents in the file of an international
application once the application has been published. Publication typically occurs
18 months after the filing date.

## INTERNATIONAL PRELIMINARY EXAMINATION
### What Is International Preliminary Examination?
International preliminary examination is a optional procedural step
where the ISA examines the patentability of the invention and issues a written opinion.
This can save applicants time and costs by allowing them to withdraw or amend
their application before formal patent granting.

### What Is the Value of the International Preliminary Report on Patentability (Chapter II)?

The preliminary report provides an in-depth analysis of the invention’s patentability, identifying any legal or technical objections.
It is particularly useful for decision-making regarding the commercial viability of the invention.

## NATIONAL PHASE
### How Do I Enter the National Phase?
Entering the national phase involves converting the PCT application into a series of national applications in specific countries.
This process typically begins 30 months after the filing date and can be done either directly with each country or through the EPO.

### What Happens to My Application in the National Phase?

In the national phase, your application undergoes formal examination by the patent office in each designated country.

If granted, it will issue as a national patent, providing protection in that jurisdiction.

## FURTHER INFORMATION
### What Is the Role of WIPO in the PCT?
WIPO acts as the Administrative Center for the PCT,
handling the filing, search, and publication of international applications.
It also provides support in legal and technical aspects of patent prosecution.

### What Are the Advantages of the Patent Cooperation Treaty?

The advantages of the PCT include streamlined protection across multiple countries, cost savings,
faster examination processes, and simplified compliance with international intellectual property laws.

### Where Can I Find Out More About the PCT?

You can learn more about the PCT by visiting WIPO’s official website or consulting legal professionals specializing in patent law.

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