The Patent Cooperation Treaty (PCT) simplifies the process of applying for patents in multiple countries, but does not provide international patents. Inventors can file a PCT application to indicate their intention to file patents in multiple countries and an international authority will conduct a search. The decision to grant patents is at the discretion of each nation. Periodic changes to the treaty make it important to seek legal assistance.
The Patent Cooperation Treaty (PCT) is an international treaty to facilitate the process of applying for patent protection in multiple countries. The international community approved the first version of this treaty in 1970 and it has since been amended several times, with more nations joining over the years. This treaty does not provide international patents, but it makes it easier to apply for patents in multiple countries, thus protecting inventions in more than just the inventor’s home country.
Under the Patent Cooperation Treaty, when an inventor is ready to apply for patent protection, usually in his home country, he can choose to file a PCT application. This indicates an intention to file patents in multiple countries. While the national patent office processes the patent, an international authority will conduct a search to determine patentability in other countries based on uniqueness and other characteristics, generating a written report.
If an inventor decides to proceed with applying for patents in other countries, he can decide where the patent application is needed and submit the original application to the offices of other countries. One benefit of the Patent Cooperation Treaty is a delay in patent filing times, allowing inventors to save time and money as they determine whether a patent is even necessary. Normally, there is a limited time window to apply for patents in foreign countries after filing the original application.
International patents are not possible because each country has its own process and it is possible for patent approval to take place in one country but not in another. Under the Patent Cooperation Treaty, the process of applying for multiple patents is streamlined, but the decision is ultimately at the discretion of each nation. Sometimes the result of international inquiry is the view that other nations would be unlikely to grant patent protections, rendering application unproductive.
Periodic changes to the Patent Cooperation Treaty make it important to keep up. Patent attorneys can provide information on the treaty and the application process, as well as handle applications directly. Inventors may rely on formal legal services for assistance because the process is complex and many things can go wrong along the way. An experienced attorney who monitors changes in patent law and trends will be able to prepare a strong application with a greater chance of acceptance, whether the applicant needs international patents or just a domestic one.
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