Filing an International Patent will give the required breathing time to decide in which countries you want do business with this patent and also gives additional time for gathering funds for filing the same application in Multiple Countries.
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The Patent Cooperation Treaty (PCT) is an international treaty that allows applicants to file a single international patent application that can be used to seek patent protection in multiple countries. Once an applicant files an international application under the PCT, they have the option to enter the national phase in each country where they want to pursue patent protection.
Choose the countries where you want to seek patent protection:After filing the international PCT application, you have up to 30 months from the priority date to enter the national phase in each country where you want to pursue patent protection.
File a national phase application: To enter the national phase, you must file a national phase application in each country where you want to seek patent protection. This application will be based on the international PCT application and will include any necessary translations and other formalities required by the national patent office.
Prosecute the application: Once the national phase application is filed, you will need to prosecute the application in each country where you have entered the national phase. This will involve responding to any objections or rejections from the national patent office and making any necessary amendments to the application.
Grant of patent: If the national patent office determines that your application meets all the patentability requirements, a patent will be granted in that country.It is important to note that the national phase entry requirements and procedures vary from country to country, so it is recommended to work with a qualified patent attorney or agent to ensure that all requirements are met and to maximize the chances of obtaining patent protection in the desired countries.We have association in almost all countries and therefore, we can help you file the application easily in whichever country you select. Please finalize the list of countries before 2 months, so that all the requirements of the regional offices are complied.
PCT stands for Patent Cooperation Treaty. Countries signatories to PCT can get the benefits enclosed within this treaty. As on Date 157 countries are signatory.
A PCT application is also generally termed as an International Application, but this application never gets granted. It means PCT does not provide any protection unless it is filed in the specific jurisdiction or specific country. Its just a filing system having few advantages.
Advantages of PCT Application:
1. International Priority – Which means even before publication of your patent application, if someone files same invention in the signatory countries, still you will have priority.
2. International Search Report (ISR) – ISA is generate by International Searching Authority that you select. In short, this report is generated by Examiner of the respective patent office. If the report validates patentablity, it will be easy for you to take a decision on investing further on filing this patent application in other countries.
3. International Preliminary Examination – Its not mandatory, but if you want, you can select International examination authority and get you PCT application examined to further validate possibility of grant. To reduce cost during PCT National Phase, choose international examination authority of a country in which you intent to file your patent application.
4. Approximately 30 Months for filing PCT National Phase – National Phase means actual filing of you PCT Patent Application in the country of your choice. This 30 months of breathing period can be utilized for exploring various opportunities in different territories or just to extend the time for expenditure or do feasibility test.
At Brainiac IP Solutions we help you in complying with all the requirements of PCT as well as in drafting a PCT application in India that minimizes chances of error. The application that we draft for you will be acceptable to all major patent offices.
We will also help you select competent searching authorities for better International Search Reports (ISRs).
Since our associates are spread across the globe, we can help you file your patent application in almost every country.
More About PCT:
A PCT application is an international application filed at WIPO Geneva (international bureau -IB) or at any regional receiving office.
Since India is a member of the Patent Cooperation Treaty, Indian citizens are entitled to file patent applications within the member countries through the PCT route.
The PCT application has to be filed after six weeks and within 12 months from the date of priority. After filing the International Patent application from India, the applicant gets about 30 months to file the same application in different countries that are signatory to PCT.
For filing the patent application in countries that are not a signatory to PCT, applicants have to choose the conventional route, which means all such filings must be completed in 12 months from the date of priority. An additional international search report (ISR) is generated by the selected competent person in International Search Authority (ISA), which validates the patentability of the patent application. This ISA helps the applicant increase the possibility of getting the grant.
For years, Brainiac IP Solutions has been helping Indian and international clients with PCT application filing services. Contact us today to know more.
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