What is the procedure for Patent Co-operation Treaty?

The procedure for Patent Co-operation Treaty is as follows:-

Filing– You need to file an international application with WIPO or a national or regional patent office. The application must abide by the requirements of PCT. You must draft it in a PCT compliant language and submit it along with a set of fees.

International Search– An International Searching Authority is a patent office which is responsible for finding out probable ‘prior-arts’. It conducts an exhaustive search and provides the applicant with an International Search Report. Also, the ISA also provides a Written Opinion on the patentability of the invention.

International Publication– WIPO publishes the contents of every application it receives, after a time period of 18 months from the filing date. This publication is available to the public and anyone can challenge the application if they feel the need.

Supplementary International Search– You can request for another International Search. However, this is entirely optional. Generally, applicants opt for it in case they make changes to their application after they receive the WOSA and ISR. The search allows them to be sure of the contents of their application.

International Preliminary Examination– This is again an optional step which is conducted on request generally on the amended version of a patent application.

National Phase– This is the most crucial part of the procedure for patent co-operation treaty. Your application reaches every country’s patent office where you seek protection. Usually, the time period is 30 months from the very first application filing date.

Also, do make sure that you check out this free e-book: A Quick Guide to Patents.

A Quick Guide to Patents - procedure for patent co-operation treaty

A Quick Guide to Patents

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