Patent Cooperation Treaty: An Overview

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.