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International Patent Registration (PCT Filling)

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International Patent Registration (PCT Filling)

For protection of an invention, patent protection is been considered by the people, companies, universities, research institute. Since, patent protection is of specific nature, it only gives the protection to the country in which its been filed.

International patent helps protection in other countries as well. Therefore, international patent protection is necessary. There are two ways for international patent protection:

  1. Convention Patent Application 
  2. PCT Application

Convention Application:

An international treaty, Paris Convention allows all the applicants to file applications in their own country. This application is known as a priority document, and the date on which it is filed known as priority date.

The priority filing starts in 12-month which is further known as the Paris Convention application can be filed anywhere. To the extent the content of the Paris Convention application is disclosed in the priority document. The convention period of 12 months which is given to applicants to perform market research and to seek funds. 

 If the Paris Convention has not been in  existence then applicants are under obligation to coordinate with filing of applications in all the countries which at the beginning of the process have good interest. It would be costly and complicated as well bearing in mind the requirement for translations in many countries.

Patent Cooperation Treaty Application:

The PCT was introduced in 1970. The Treaty, which is a legal agreement between various countries.  The aim of the PCT is to initiate the initial filing process, make it easier and cheaper to file the patent application in several countries. 

 It is filed with the national patent office of the Contracting State,  where applicants reside respectively with the International Bureau of WIPO in Geneva.  If the applicant is from Contracting State party to European Patent Convention, the Harare Protocol on Patent & industrial designs. The Bangui Agreement, the international application or Eurasian Patent Convention, may additionally be filed with the European Union office (EPO), the African Regional belongings Organization (ARIPO), or the Eurasian federal agency, (EAPO) the African property Organization (OAPI). 

Filing a PCT application has the effect of automatically designating all Contracting States bound by the PCT on the international filing date. The effect of  international application is similar to every designated State as if a national patent application had been filed with the national patent office of that State.

Costs of PCT Application:

  • An international filing fee,
  • A search fee which can vary depending on the ISA chosen
  • A small transmittal fee which varies depending on the receiving Office.
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