PCTPCTPATENT COOPERATIONPATENT COOPERATION

TREATYTREATY

By: Nico Reyes & Keziah Tan

What is a patent? What is a patent? A patent is a legal right to keep A patent is a legal right to keep

others from making, using or selling others from making, using or selling an invention. This legal right is an invention. This legal right is granted by a government for a granted by a government for a limited period of time. limited period of time.

http://www.ladas.com/Patents/patpers.html

TYPES OF PATENT TYPES OF PATENT APPLICATIONSAPPLICATIONS

Patents of InventionsPatents of Inventions Design PatentsDesign Patents Utility Model PatentsUtility Model Patents

OverviewOverview The The Patent Cooperation TreatyPatent Cooperation Treaty

((PCTPCT) is an ) is an internationalinternational patentpatent lawlaw treatytreaty. It provides a unified procedure . It provides a unified procedure for filing for filing patent applicationspatent applications to to protect protect inventionsinventions in each of its in each of its Contracting States Contracting States

A patent application filed under the A patent application filed under the PCT is called an PCT is called an international international applicationapplication or or PCT applicationPCT application. .

http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty

OverviewOverview The The Patent Cooperation TreatyPatent Cooperation Treaty

((PCTPCT) provides a unified procedure ) provides a unified procedure for filing patent applications to for filing patent applications to protect inventions internationally.protect inventions internationally.

A single filing results in a single A single filing results in a single search accompanied with a written search accompanied with a written opinion.opinion.

http://www.nationmaster.com/encyclopedia/Patent-Cooperation-Treaty

HistoryHistory Done at Washington on Done at Washington on

June 19, 1970 with 18 initial June 19, 1970 with 18 initial contracting statescontracting states

Entered into force on January 21, Entered into force on January 21, 19781978

Amended on September 28, 1979Amended on September 28, 1979 Modified on February 3, 1984, and Modified on February 3, 1984, and

October 3, 2001October 3, 2001

http://www.wipo.int/pct/en/texts/articles/atoc.htm

AIMS (taken from preamble)AIMS (taken from preamble) To make a contribution to the progress of science To make a contribution to the progress of science

and technology, and technology, To perfect the legal protection of inventions, To perfect the legal protection of inventions, To simplify and render more economical the To simplify and render more economical the

obtaining of protection for inventions where obtaining of protection for inventions where protection is sought in several countries, protection is sought in several countries,

TO facilitate and accelerate access by the public TO facilitate and accelerate access by the public to the technical information contained in to the technical information contained in documents describing new inventions, documents describing new inventions,

To foster and accelerate the economic To foster and accelerate the economic development of developing countries*development of developing countries*

MembershipMembership Any contracting state to the Paris Any contracting state to the Paris

Convention can become a member. Convention can become a member. As of As of April 3April 3, , 20082008, there were 139 , there were 139

Contracting States to the PCT. Contracting States to the PCT. Most of the world’s industrialized Most of the world’s industrialized

countries are part of this treaty. *countries are part of this treaty. *

http://www.nationmaster.com/encyclopedia/Patent-Cooperation-Treaty

AdvantagesAdvantages An international applicant is given An international applicant is given

the possibility to delay as much as the possibility to delay as much as possible the national or regional possible the national or regional procedures.procedures.

Respective fees and translation costs Respective fees and translation costs are lessened.are lessened.

It is a unified filing procedure. It is a unified filing procedure.

http://www.nationmaster.com/encyclopedia/Patent-Cooperation-Treaty

THE APPLICATION THE APPLICATION PROCESSPROCESS

Step 1 - FilingStep 1 - Filing Done in a Receiving Office (RO)*Done in a Receiving Office (RO)* Application needs to be filed in one Application needs to be filed in one

language only *language only * At least one applicant must be a national At least one applicant must be a national

or resident of a member state of the PCT or resident of a member state of the PCT Applicants from any contracting state may Applicants from any contracting state may

file an international patent application at file an international patent application at the International Bureau in Genevathe International Bureau in Geneva

Step 2 - SearchStep 2 - Search An international search is made by the An international search is made by the

Searching Authority (ISA).Searching Authority (ISA). Results are released in an Results are released in an

International Search Report (ISR), International Search Report (ISR), usually 9 months after the filing of the usually 9 months after the filing of the application. The report includes the application. The report includes the patentability of the invention.patentability of the invention.

Step 3 - PublicationStep 3 - Publication Done 18 months after filing dateDone 18 months after filing date Published in one of the eight Published in one of the eight

"languages of publication": "languages of publication": Arabic, Chinese, English, French, Arabic, Chinese, English, French, German, Japanese, Russian, and German, Japanese, Russian, and Spanish. *Spanish. *

Step 4 – Optional ExaminationStep 4 – Optional Examination An international preliminary An international preliminary

examination may optionally be examination may optionally be demandeddemanded

Done by an authorized International Done by an authorized International Preliminary Examination Authority Preliminary Examination Authority (IPEA), resulting to an International (IPEA), resulting to an International Preliminary Examining Report (IPER). Preliminary Examining Report (IPER).

Step 5 – National & Regional Step 5 – National & Regional PhasePhase

Occurs 30 months from the filing date of Occurs 30 months from the filing date of the international application or from the the international application or from the earliest priority date of the application if a earliest priority date of the application if a priority is claimedpriority is claimed

Certain national laws may fix time limits, Certain national laws may fix time limits, which expire earlier than 30 months. *which expire earlier than 30 months. *

If the entry into national or regional phase If the entry into national or regional phase is not performed within the prescribed is not performed within the prescribed time limit, the international application time limit, the international application generally ceases to have the effect of a generally ceases to have the effect of a national or regional application.national or regional application.

PCT and The PhilippinesPCT and The Philippines

Philippine Rules on Philippine Philippine Rules on Philippine Applications:Applications:

http://ipophil.gov.ph/http://ipophil.gov.ph/page_details.asp?sr=64page_details.asp?sr=64