What is the PCT (Patent Cooperation Treaty)?
Purpose of the Patent Cooperation Treaty
The PCT follows the Paris Convention. The Paris Convention established a system wherein member countries respected the patents of other countries, thereby creating international patent protection. However, each patent applicant had to apply for a new patent in each member country individually. This meant protecting an invention in more than one country was very expensive and time consuming, often making it not worth the investment.
The Patent Cooperation Treaty was enacted to streamline the process of obtaining patent protection in multiple countries. The PCT created a consistent and more efficient process for international patents, further encouraging international trade and innovation.
Function of the Patent Cooperation Treaty
The PCT streamlines international patent applications by creating an “international stage” for patent applications, which is administered by the World Intellectual Property Organization (WIPO). The international stage includes an international search report (ISR) and a written opinion by the international search authority (ISA) on the patentability of an invention.
Once an applicant receives the ISR and written opinion, the applicant can enter the national stage of PCT member countries. The ISR and written opinion are generally accepted by the national filing offices, resulting in greatly expedited national patent applications.
The international stage can be entered directly upon the initial application or it can be entered after filing a national stage application. This is done by filing a request with a national receiving office (generally the patent office of the applicant’s country of residence).
Benefits of the Patent Cooperation Treaty
- Saves time in processing a patent application in multiple countries
- Saves money in multiple national stage applications
- Increases consistency across nations regarding the processing of patent applications
- Makes it easier to protect inventions across the world, incentivizing foreign trade
Disadvantages of the PCT
- PCT filing fees are expensive
- The international stage is lengthy (18-30 months)
- If an invention is not patentable, an international patent application is more expensive and less efficient
PCT Filing Fees
A small entity entering the international stage with the US as the International Search Authority (ISA) will encounter the following filing fees:
- Transmittal Fee: $240
- International Filing Fee: $1,480
- Search Fee: $520
- Total: $2,020
Small entities may receive discounts for the USPTO search fee, but the remaining fees will not be discounted.
What is the 30 month rule?
A PCT application extends the deadline for filing a national stage application by 30 months. This may be beneficial when deciding whether to enter the national stage of another country.
About
Attorney Collier started his own law firm straight out of law school and has been practicing law in Ohio for 5+ years. During that time, Joe focused on business law and litigation, gaining some exposure to intellectual property law. While running his firm in 2021, Joe decided to go back to school and get his patent license. Since then, Attorney Collier has been focusing on protecting innovators and entrepreneurs through his expertise in intellectual property and business law.