Do you want to protect your patents in multiple countries? If so, you should consider the benefits of filing an international application under the Patent Cooperation Treaty (PCT). By submitting an international application through the PCT, you can simultaneously seek patent protection in all countries that are parties to the PCT (currently 123 countries as of January 2004).
A significant advantage of the PCT system is the 18-month (in some cases 30-month) time frame it provides for you to decide in which countries you want to seek patent protection, as opposed to the usual 12-month priority period. During this extended period, the applicant can assess the commercial potential of their invention in various countries and decide which countries are important or convenient for patent protection. This defers the costs associated with filing national patent applications and translation expenses into relevant languages until after the 18-month (or 30-month) period, only for those countries of continued interest. If not, all these costs are saved.
The PCT system is widely used by applicants to maintain all options for patent protection in different countries for as long as possible. The applicant can file the PCT application in their home country, or if possible, at a regional intellectual property office, or directly through the WIPO International Bureau. National patent offices can provide you with detailed information on how to file a PCT application.
If an applicant does not use the international filing procedure of the PCT system, preparing and filing applications in foreign countries must begin three to six months before the end of the priority deadline. Translation of the patent application must be prepared and submitted separately for each country. On the other hand, when using the PCT system:
- The applicant only needs to file one international application within the one-year priority period (12 months from the date of the first national filing).
- The international application is effective in all PCT member states.
- The international application can be in the same language and format as the applicant’s national application.
- The applicant has more time to assess the commercial potential of their invention.
