User:John Cummings/Archive/PCT System

The Patent Cooperation Treaty (PCT) (1970) established a service which assists individuals, companies, and institutions in seeking patent protection internationally for their inventions. It also helps patent offices with their patent granting decisions and facilitates public access to technical information relating to those inventions. 153 countries are currently party to the PCT.

Under the PCT system, an applicant can file one PCT application in one language, at one patent office, within 12 months from the date of the earliest patent application which has been filed for the same invention (the “priority date”). This one PCT application has the same legal effect as filing separate regional or national patent applications in all PCT member countries.

PCT applications are processed in a standardized manner as provided in the Treaty and Regulations, including an international search for documents relevant to the potential patentability of the invention and international publication. Granting patents remains under the control of the regional or national patent Offices in the “national phase”.

Using the PCT system, patent applicants can postpone paying national and regional patent-related fees while they learn about the likelihood of obtaining a patent, benefitting from the additional time and information to help them decide whether, and in which countries, to pursue patents.