How to file pct application

The application must contain the name of the applicant , a description, and a claim or claims pursuant to PCT Article 11(1)(iii)(c)-(e). Required documents for a PCT international application filing date. How do I apply for a PCT?

Where can I file a patent application? The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated as an initial application for patent in any Member Country. This single, uniform patent application is what is referred to as the international application.

Filing an international patent application to start the patent process can frequently be a wise move if you are contemplating securing patent rights in multiple countries. See full list on ipwatchdog. The international application must be filed in an authorized Receiving Office.

The Receiving Office functions as the filing and formalities review organization for international applications. The Patent Offices of the countries that are members to the PCT are called Receiving Offices. You cannot simply file an international patent application in any Patent Office, but rather you need to file in the appropriate Receiving Office.

PCT timelines are tied to the initial priority date of the application , not necessarily the filing date of the international patent application. But let’s say that your international patent application is the first one you are filing and it claims the benefit of no priority from an earl. This merely touches the very tip of an enormous iceberg.

For more on the PCT see:For more information about the International Patent Process please see: 1. Obtaining Patent Rights Around the World (IPWatchdog.com) 2. Patent Advantage: Laying the Groundwork for International Rights (IPWatchdog.com) 3. PCT Resources from the World Intellectual Property Organization 4. PCT Legal Administration from the USPTO 5. The PCT patent application is a single application filed at one of the international receiving offices (of which the USPTO is one) that grants the applicant the right to file future national patent applications in any of the contracting states. The ePCT system is a quick way to file international applications under the Patent Cooperation Treaty (PCT). In general terms, your international patent application , provided that it complies with the minimum requirements for obtaining an international filing date, has the effect of a national patent application (and certain regional patent applications) in or for all PCT Contracting States.

Moreover, if you comply with certain formal requirements set out in the Treaty and Regulations, which are binding on all of the PCT Contracting States, subsequent adaptation to varying national (or regional) for. Who has the right to file an international patent application under the PCT ? You are entitled to file an international patent application if you are a national or resident of a PCT Contracting State. If there are several applicants named in the international application , only one of them needs to comply with this requirement. Both of those Offices act as PCT “receiving Offices”.

If you are a national or resident of a country which is party to the ARIPO Harare Protocol, the OAPI Bangui Agreement, the Eurasian Patent Convention or the European Patent Convention, you may alternatively file your international patent application with the regi. A PCT international search is a high quality search of the relevant patent documents and other technical literature in those languages in which most patent applications are filed (Chinese, English, German and Japanese, and in certain cases, French, Korean, Russian and Spanish). The high quality of the search is assured by the standards prescribed in the PCT for the documentation to be consulte and by the qualified staff and uniform search methods of the ISAs, which are all experienced paten. The report contains indications for each of the documents listed as to their possible relevance to the critical patentability questions of novelty and inventive step (non-obviousness). Together with the search report, the ISA prepares a written opinion on patenta.

Supplementary international search permits the applicant to request, in addition to the international search (the “main international search”), one or more supplementary international searches each to be carried out by an ISA other than the ISA which carried out the main international search. The additional search has the potential of reducing the risk of new patent documents and other technical literature being discovered in the national phase since, by requesting supplementary search the ap. However, it does not repeat documents which have already been cited in the international search report, unless this is necessary because of new relevance when read in conjunction wit.

PCT international applications are published online on PATENTSCOPE, a powerful, fully searchable database with flexible, multilingual interfaces and translation tools to assist users and the public in understanding the content of published applications. Can third parties access documents contained in the file of the international application ? Until international publication (months after the priority date), no third party is allowed access to your international application unless you as applicant request or authorize it. If you wish to withdraw your application (and you do so before international publication), international publication does not take place an as a consequence, no access by third parties is permitted. However, when international publication occurs, certain documents in the international application file are mad. International preliminary examination is a second evaluation of the potential patentability of the invention, using the same standards on which the written opinion of the ISA was based (see Question 18).

If you wish to make amendments to your international application in order to overcome documents identified in the international search report and conclusions made in the written opinion of the ISA, international preliminary examination provides the only possibility to actively participate in. It provides you with an even stronger basis on which to evaluate your chances of obtaining patents, in most cases on an amended application , an if the report is favorable, a stronger basis on which to continue with your application before the national an. It is only after you have decided whether, and in respect of which States, you wish to proceed further with your international application that you must fulfill the requirements for entry into the national phase. These requirements include paying national fees an in some cases, filing translations of the application.

These steps must be taken, in relation to the majority of PCT Contracting States’ patent Offices, before the end of the 30th month from thepriority date. Once you have entered the national phase, the national or regional patent Offices concerned begin the process of determining whether they will grant you a patent. There may also be othe. Any examination which these Offices may undertake should be made easier by the PCT international search report and the written opinion and even more by an international preliminary examination report. It also organizes the PCT Assembly, the PCT Working Group and the Meeting of International Authorities.

Return to main PCT e- filing page. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. PCT e-filing is the Canadian Intellectual Property Office’s international filing e-service.

WIPO administers the PCT. With this online service, you can submit international patent applications to CIPO’s Patent Office. PCT e-filing allows you to pay your filing fees online and get the filing date and international application number immediately.

Answer ‘Yes’ and then upload the. Once it is uploade you will be given the opportunity to upload the specification, claims, abstract, drawings and any other documents, just as in any other filing in EFS-Web. This is known as a bypass continuation.

At Henry Patent Law Firm, our attorneys frequently assist clients with filing both types of applications. File a United States Utility Application First and a PCT Application Second. Once someone has prepared and filed a United States patent application , whether that applicant is a U. As mentioned in the earlier paragraph, there is a fixed fee of $2to do this. This patent search tool allows you not only to search the PCT database of about million International Applications but also the worldwide patent collections.

PCT application fee must be filed within a year.