The Patent Cooperation Treaty (PCT) enables the possibility of filing an international patent application, allowing for the simultaneous protection of the same invention in multiple countries without the need to file separate national patent applications. An international patent application can be filed by any applicant who is a national or resident of a PCT Contracting State. Typically, the application can be submitted to the national patent office of the applicant's country of nationality or residence or can be filed as an international application with the World Intellectual Property Organization (WIPO) in Geneva, depending on the personal preferences of the applicant.
This agreement is sent to the applicant, detailing all the official requirements that international applications must adhere to. Making a PCT application involves preparing it for each designated state in the same manner as if a national patent application were being filed, once the international filing date has arrived for all the contracting states under the PCT.
An international application undergoes an international search and results in an international search report. This search is conducted by one of the International Searching Authorities (ISA) authorized by the PCT and results in the issuance of an international search report, along with a list of citations to published documents that may directly affect the patentability of the claimed invention. This is how the international process proceeds. However, the international preliminary examination, which is not binding, is carried out based on the results of the search report to assess whether the invention meets patentability criteria.
Following the international search report, the applicant is informed that they can withdraw the application, especially if the written opinion and the content of the report raise questions about whether a patent is feasible. The applicant may also decide to proceed with amendments to the claims.
If the international application is not withdrawn, the International Bureau decides to publish it along with the international search report. Additionally, this written opinion is republished on PATENTSCOPE.
Please note that patent terminology and processes may vary slightly from one country to another, so it's essential to consult with legal experts or relevant authorities when dealing with patent applications in specific jurisdictions.
Prior to the expiration of the initial 22 months from the priority date, the applicant, particularly considering the documents listed below, always has the right to request a supplementary search by the Supplementary International Searching Authority (SISA) for the relevant documents. The primary purpose of this additional search is to minimize the likelihood of uncovering additional documents that could increase the probability of granting a patent at the national stage.
Any applicant who decides to continue the international application in order to search for national or regional patents has the right to initiate the national procedure by the end of the 30th month from the priority date, as it relates to several contracting states. By translating their applications into the language of the European Patent Office and paying the necessary fees, applicants can seek services from local patent agents when needed.
If, in this regard, the applicant wishes to make a change in the application, for example, to address the written opinion and documents reached in the search report or to review the potential patentability of the amended application, they can optionally request an international preliminary examination. The result of this preliminary examination includes an international preliminary report regarding the patentability of the claimed invention, prepared by one of the International Preliminary Examination Authorities (IPEA) authorized under the PCT, and provides a preliminary and binding opinion on the patentability of the same invention. This, in turn, provides the patent holder with a much stronger foundation to evaluate the chance of obtaining a patent and, when the report is favorable, establishes a much stronger basis for continuing the application with regional and national patent offices.
If there is no request for international preliminary examination, the International Bureau, based on the written opinion of the International Searching Authority (ISA), creates an international preliminary report on patentability and transmits it to the designated offices as soon as possible.
The advantages of this procedure under the PCT for applicants, patent offices, and the general public can be listed as follows:
As a result, the Patent Cooperation Treaty (PCT):
The Patent Cooperation Treaty enables the inventor to expedite and simplify international patent procedures. In this regard, it is crucial to work with a reputable company for quality and trust. Otherwise, unwanted issues may arise in both national and international patent processes.
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