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A Patent Cooperation Treaty (PCT) patent application is an international patent application filed under the Patent Cooperation Treaty. The PCT is an international treaty that provides a unified procedure for filing patent applications.
The PCT makes it possible to seek patent protection for an invention in multiple countries with a single application. Filing a PCT patent application does not give the applicant an international patent, but it gives the applicant 30 months to file national or regional phase applications in individual countries.
PCT applications are filed with a national office, which then forwards the application to the International Bureau of the World Intellectual Property Organization (WIPO). The International Bureau conducts a preliminary examination of the application to ensure that it meets specific formal requirements.
Publication of the PCT application makes the invention available to the public. After the International Bureau has conducted a preliminary examination, it publishes the application 18 months from the earliest priority date. Also, it starts the clock ticking on the 30-month period during which national or regional phase applications must be filed.
A patent will be granted if a national or regional office conducts a substantive examination of the PCT application and finds that the invention is patentable. Patent protection is only given in individual countries, not internationally.
The Patent Cooperation Treaty was signed in 1970 and came into force in 1978. As of September 2016, there are 152 contracting states to the PCT.
The Patent Cooperation Treaty (PCT) is an international agreement that provides a unified procedure for filing patent applications. Under the PCT, a patent applicant can file a single international patent application instead of filing separate national or regional patent applications.
The PCT process begins with filing an international patent application with a Patent Office designated as an International Searching Authority or an International Preliminary Examination Authority. The international patent application is then published 18 months after the priority date, at which point it enters the national or regional phase.
In the national or regional phase, the applicant must file separate patent applications with each Patent Office where they wish to obtain protection. These national or regional Patent Offices will conduct their searches and examinations to determine whether or not to grant a patent.
The main advantage of the PCT is that it provides a unified procedure for filing patent applications. This can save time and money, as the applicant only needs to file one international patent application instead of multiple national or regional applications.
However, there are some disadvantages to filing a PCT patent application. First, the international search and examination process can be expensive. Second, the PCT does not guarantee that a Patent Office will grant a patent – each Patent Office will still decide on whether to grant protection.
Overall, the Patent Cooperation Treaty is helpful for applicants seeking international patent protection. However, knowing the costs and risks associated with the PCT process is crucial.
Karpinia commented, “Working with us, Sagacity Legal guides you through the process of protecting your business. In a supportive and collaborative manner, we provide you the peace of mind that your business can grow and succeed, free from the risk of unwanted legal attention. As a legal advisor and coach, I show my clients how to protect their business in a way that feels comfortable and understandable while providing practical advice and services. I help them create a legal framework that aligns with their business strategy and is adaptable to their future evolution.”
Video Link: https://www.youtube.com/embed/P7TRRwQKIHg
About Randi Karpinia
Randi Karpinia, CEO of Sagacity Legal, transforms entrepreneurs’ ideas and inventions into intellectual property assets that can lead to huge profits. With over twenty years of legal experience, Ms. Karpinia is a recognized expert in all aspects of business legal operations, focusing on intellectual property rights and management. At Sagacity Legal, she guides her clients through the legal risks they’ll face now and in the future, so they can focus their time and efforts on the value, expertise, and experience they bring to their business.
Ms. Karpinia’s expertise is well recognized industry-wide, including recently being honored as a 2021 Small Business Person of the Year Finalist by the Chamber of Commerce of the Palm Beaches and included in the WIPF – 2021 Powerful Women in IP list.
Ms. Karpinia’s credentials include a B.E.E, with honors, from Georgia Institute of Technology; a M.E.E. from Florida Atlantic University; and a J.D. Magna Cum Laude from Nova Southeastern University. Ms. Karpinia is admitted to practice law in Florida and before the USPTO, and is a Florida Bar Board Certified Intellectual Property Lawyer. Randi’s firm, Sagacity Legal PLLC has just been named a 2022 Best of Florida “Intellectual Property Law Firm” in the Guide to Florida’s annual readers’ poll.
Learn More: https://sagacitylegal.com/
Recent news and interviews:
Discussing Patenting an Invention
Discussing the Best Patent Filing Strategy
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