Patent Cooperation Treaty

PCT

The Patent Cooperation Treaty (PCT) provides a single international filing route for applicants seeking patent protection in multiple countries. It simplifies the initial filing process and provides an international search, written opinion and publication before the applicant proceeds with national or regional patent applications.

Authority

WIPO

Type

International Treaty

Covers

Patents

Members

158 Contracting States

The Patent Cooperation Treaty (PCT) was established in 1970 and is administered by the World Intellectual Property Organization (WIPO). It provides a system for seeking patent protection in multiple countries through a single international patent application.

A PCT application does not result in the grant of a worldwide patent. Instead, it establishes an international filing process that can be used to seek patent protection in the PCT Contracting States selected by the applicant. The application undergoes an international search and receives a written opinion, and is subsequently published internationally.

The PCT can give applicants additional time to assess their patent strategy, consider the countries or regions where protection is required and decide whether to proceed with national or regional patent applications. The national or regional phase generally begins 30 or 31 months from the priority date, depending on the applicable jurisdiction.

The PCT currently has 158 Contracting States, including South Africa and a number of other African countries.

What We Do

✓ Advising on PCT filing strategies

✓ Preparing and filing PCT applications

✓ Managing priority claims

✓ Coordinating the international search and written opinion

✓ Advising on national and regional phase requirements

✓ Managing national or regional phase entry

✓ Coordinating with patent attorneys in other jurisdictions

✓ Developing international patent protection strategies

✓ Managing international patent portfolios

The Process

The PCT process starts with the filing of an international patent application. An international search is then carried out and the applicant receives a written opinion concerning the invention. The application is subsequently published internationally.

The applicant then proceeds into the national or regional phase in the countries or regions where patent protection is required.

The national or regional phase has its own requirements, fees and examination procedures. The applicable deadline is generally 30 or 31 months from the priority date, although this varies between jurisdictions.

Requirements

Any national or resident of a PCT Contracting State can file a PCT application. Where there is more than one applicant, at least one applicant must be a national or resident of a PCT Contracting State.

If the applicant wants to claim priority from an earlier patent application, the PCT application must generally be filed within 12 months of the earliest national or regional application for the same invention.

What Is Provided

✓ A single international patent application

✓ An international search

✓ A written opinion on the invention

✓ International publication

✓ A standardised international filing process

✓ Additional time to assess where patent protection is required

✓ A route into national or regional patent systems

Renewals

There are no PCT renewal fees that maintain a worldwide PCT patent, because the PCT does not itself grant a patent. Once an application enters the national or regional phase, any applicable renewal or annual fees are governed by the relevant national or regional patent office.

Transfer of Onwership

Rights in a PCT application can be transferred or assigned. Changes in the applicant can be recorded during the international phase, and WIPO generally does not require documentary evidence of the transfer when the change is requested by the applicant or agent of record.