Practical Law Glossary Item 4-507-1542 (Approx. 3 pages)
Glossary
Patent Cooperation Treaty (PCT)
An international patent filing treaty administered by the World Intellectual Property Organization (WIPO). The Patent Cooperation Treaty (PCT) allows an applicant to seek patent protection in each of the PCT contracting states by filing a single initial PCT international patent application instead of separate applications in each desired country. Each designated contracting state then grants its own national or regional patent if the PCT application meets the conditions for patentability in that country or region. The PCT does not provide for a single international patent.
The procedure for filing generally includes the following steps:
The applicant files the PCT application with the national patent office in the contracting state where the applicant resides.
An International Searching Authority (ISA) provides a search and opinion of patentability to the applicant.
If the PCT application is not withdrawn on the basis of the international search or otherwise, it is published approximately 18 months after the application's priority date.
The applicant has opportunities to amend the application during the international phase.
If the applicant then proceeds with the national application process, separate patent applications must be filed in each of the countries or regions where the applicant desires a patent.
Filing a PCT patent application also allows an applicant to delay filing most national patent applications for at least 30 months from the application's priority date.