The Patent
Cooperation Treaty (PCT) is an international treaty with more than 145
contracting states, which allows for an easy and simplified procedure for the
filing of patent applications. The procedure should not be confused with the
patent granting system, which remains in the hands of the national or regional
patent offices exclusively. The PCT procedure is comprehensive and includes
Filing: filing of an international application with a
national or regional patent office or WIPO that complies with PCT formality
requirements in one single language, and a single set of fees
International search: "International Searching
Authority" (ISA) (one of the world's major patent offices) compares the
technical literature ("prior art") that may influence the patent in
question, and help determine whether the invention itself is patentable.
International publication: as soon as is possible after
the end of the 18 month period from the earliest filing date, the content of
the international publication is made public.
Supplementary International Search: a second ISA, at the
request of the applicant, looks into materials that may not have been found by
the first ISA due to the diversity of languages as well as prior art.
International Preliminary Examination: at the request of
the applicant, another ISA conducts another additional patent-ability analysis,
often on an amended version of the application
National Phase: following the PCT procedure, usually
around 30 months from the earliest filing date of the initial application (from
which priority is claimed), the grant of the patent directly before the
national or regional patent office where the patent is desired, is pursued.
The PCT India
or any other patent office will have the final say in whether the patent is
granted. Therefore, a patent law firm in India gives valuable advice and assistance in filing the patent
application.