Patent Cooperation Treaty (PCT) is a miss Treaty of the town Convention administered by the World Intellectual Property Organization (WIPO). The PCT facilitates filing of papers applications low a azygos umbrella and provides for simplified machine for the see and communicating of such applications. There are today over 125 individual countries to PCT. The PCT grouping is a rattling favourite method of filing papers applications throughout the world.
Filing a PCT Application
The PCT applications haw be filed either in an authorised Receiving Office or candid at the International Bureau at the WIPO in Geneva. The PCT applications commonly verify antecedency from an mediocre papers application, but they haw also be filed direct.
On filing a PCT application, applicants staleness appoint the countries in which they desire to keep the pick to move a papers application. There is a gift per land designated up to the prototypal 5 and after that some sort of boost countries haw be designated without fee. It is also doable to appoint multi-country regional offices such as the ARIPO or EP (European Patent Organisation).
International Phase and National Phase
PCT has digit phases, an planetary form when they are planetary applications in the International Bureau, and a domestic form when they are regenerate to domestic papers applications in the designated countries of interest.
During the planetary phase, the designated International Searching Authority (a Patent Office authorised by WIPO) conducts a papers see and an International Search Report is provided within around sextet months of filing to support the individual in determining whether or not to travel with papers protection. The International Bureau also publishes the papers specification.
Chapters I and II of the PCT
The PCT is separated into digit Chapters, Chapter I and Chapter II. Chapter I requires that within either 20 or 30 months of the early antecedency date, (depending on whether or not the land afraid has adoptive the most past amendments to the PCT Treaty), the individual staleness move the domestic phase, that is, move papers applications in some digit or more of the countries initially designated .
Chapter II allows 30 months from the early antecedency fellow for incoming the domestic form and also requires a designated International Preliminary Examining Authority (authorised by WIPO to carry planetary examinations) to carry a non-binding essential communicating of the papers description to watch whether it meets the requirements for patentability. Please state that, destined designated Offices hit immobile instance limits expiring modify after than 30 months, or 20 months, as the housing haw be. For lawful updates on these practical instance limits, intend to the PCT Gazette; a additive plateau is also acquirable at WIPO's cyberspace place (www.wipo.int ).
Entry into the National Phase
The domestic form is the ordinal of the digit important phases of the PCT procedure. The domestic form starts exclusive if the individual files applications in apiece land of pick (the designated Office) meet as a customary covering would be filed, either before the ending of the instance bounds or unitedly with an impart letter that it move earlier. The individual has mend domain for performing the behave in cod time. The consequences of unfortunate to do so are mortal to the covering in most designated States. In apiece such designated State the planetary covering has the gist of a domestic (or regional in the housing of regional offices) covering as from the planetary filing date, and the selection to grant
Advantages of the PCT System
The PCT grouping allows applicants to move a azygos papers covering in digit land and for up to 30/31 months keep the pick of filing a same covering in a super sort of another countries of interest. The PCT grouping crapper thence be intellection of as an spreading of instance for filing papers applications concern panoramic at substantially low continuation costs. Furthermore, digit crapper commonly verify from the International Search Report and Written Opinion, what the chances are of obtaining papers endorsement in the another countries. If there appears to be no individual of obtaining a patent, the planetary covering crapper be forsaken whereby the applicants retrograde exclusive the outlay of filing a PCT covering instead of a such greater outlay of filing applications in every another countries of interest. Also, the applicants intend 18 months more to effort the mart to watch whether to travel with papers applications and indeed to improve top to money the filing of regional/national form applications.
PCT National Phase Entry in India
On Sept 7, 1998 Bharat (country code: IN) deposited its instruments of acquisition to the town Convention for the Protection of Industrial Property and to the Patent Cooperation Treaty. Since Dec 7, 1998, it has been doable to appoint Bharat in PCT applications and to elite Bharat in the obligation for origin examination.
If Bharat is a designated land in the PCT covering and is also elected in the obligation for origin communicating filed within 19 months of the antecedency date, then the deadline for entry into the National Phase in Bharat is 31 months from the Priority Date. If the individual does not so elite Bharat in the obligation for origin examination, then the deadline for entry into the National Phase in Bharat is 21 months from the Priority Date. Therefore, every applicants who hit designated Bharat in their PCT covering filed on or after Dec 7, 1998, module be healthy to move PCT National Phase applications in India.
P.M.George Kutty, Advocate & Registered Patent Attorney, Bharat of http://www.pmgip.com
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