Protect your invention in multiple countries with the Patent Cooperation Treaty (PCT). This international system simplifies filing a single patent application to seek protection in over 150 countries, saving time and costs. Follow this step-by-step guide to navigate the PCT process and secure your intellectual property globally.

What Is the PCT?

The Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO), allows inventors to file one international patent application that can later be pursued in 158 member countries, including the US, Europe, and Japan. While the PCT does not grant a global patent, it delays individual national filings, giving you time to plan your strategy.

Step 1: File a PCT Application

Start by submitting your PCT application to a Receiving Office (RO), such as the Indian Patent Office (for Indian applicants) or WIPO. Include:

• Description and Claims: Explain your invention and define its scope.
• Drawings (if applicable): Provide visuals, such as diagrams of a new device.
• Abstract: Summarize the invention’s technical features.

If you filed a national patent (e.g., in India) within the last 12 months, claim priority to secure the earlier filing date. Expect filing fees of $500-$2,000, plus attorney fees of $1,000-$4,000, depending on complexity. PCT fees vary by RO and ISA. Check the WIPO PCT Fee Schedule for updates.

Benefits:

• Covers multiple countries with one application.
• Delays national filing costs for up to 30/31 months.

Step 2: Receive the International Search Report (ISR) and Preliminary Examination

An International Searching Authority (ISA), such as the Indian Patent Office or European Patent Office, conducts a prior art search. You receive:

• International Search Report (ISR): Identifies similar existing patents, typically within 16 months.
• Written Opinion: Evaluates your invention’s novelty and significant improvement over prior art.

Optionally, request an International Preliminary Examination (IPE) to amend claims and receive an International Preliminary Report on Patentability (IPRP). This costs $800-$1,500.

Benefits:

• Refine your claims based on ISR feedback.
• Assess patentability before costly national filings.

 Check Out: What does Patent Pending mean?

Step 3: Enter the National Phase (30/31 Months)

Within 30 months (or 31 months for some countries, like Europe) from your priority date, enter the national phase by filing applications in your chosen countries or regions (e.g., EPO for Europe, USPTO for the US). Each country examines your application under its local laws, requiring translations and national fees ($1,000-$5,000 per country, plus attorney costs).

Benefits:

• Delay expensive national fees while evaluating market potential.
• Focus on countries with commercial value, such as the US or Germany.

Why Use the PCT System?

The PCT offers Indian inventors:

• Cost Savings: File one application instead of multiple national ones upfront.
• Extended Time: Gain 30/31 months to select target markets.
• Simplified Process: Streamline filings across 158 countries.
• Global Reach: Protect innovations like software algorithms or medical devices in major markets.

Key Tips for Success

• File Early: Secure your priority date to gain an edge over competitors.
• Choose a Reliable ISA: Select an ISA (e.g., EPO or Indian Patent Office) for thorough prior art searches.
• Hire a Patent Attorney: Engage a PCT-experienced professional to draft claims and manage filings.
• Budget Wisely: Plan for filing ($1500-$2,000), ISR ($500-$1,500), and national phase fees ($500-$5,000 per country).
• Evaluate Markets: Research commercial potential in countries like the US, Europe, or China before national phase entry.

Also read: Invention Disclosure Form

Conclusion

The PCT system simplifies patent filings in multiple countries, offering Indian inventors a cost-effective and strategic path to global protection. By following these steps, conducting thorough research, and seeking expert guidance, you can safeguard your innovation worldwide. Start your PCT journey today to unlock your invention’s global potential. Connect with PatnTech team!