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PCT Application
The purpose of filing a PCT (Patent Cooperation Treaty) application
is to buy the applicant time within which to decide upon countries
of interest for filing in at a later date. The PCT process allows
the applicant to temporarily reserve their right to file for patents
in over 100 different contracting countries of the PCT, including
regional designations, which encompass a vast majority of
neighboring countries located in that particular region (for
example, Europe).
The PCT application (the “Request”) must be filed within one year of
the filing date of the applicant's first U.S. application (which is
the “priority date”). Frequently, the applicant’s first U.S.
application is a provisional application, which expires after one
year, which means that the PCT patent application usually needs to
be filed at the same time as any then filed U.S. utility
application.
Once the applicant files the PCT application, the applicant is given
a period of 30 months (2 ½ years) from the priority date to file
national stage patent applications in any PCT countries. That is
usually 18 months after filing the PCT application, which is usually
filed 12 months after the priority date.
Six months after the Request has been filed, the application will be
published by the World Intellectual Property Organization. At about
that time, you should receive your International patentability
search report, which is an excellent predictor of your U.S. search
results. It is frequently desirable to file a response to the search
report, and/or submit claim amendments, at additional cost.
The PCT application typically expires on the 30-month deadline. The
applicant should decide which countries to file in as the 30-month
deadline approaches. When considering filing internationally, the
applicant should first establish a budget for costs, and then
consider the potential for marketability of the product in that
particular country or countries. Once marketability has been
established, the applicant then selects (designates) the countries
of interest, and proceeds with filing the applications in the
designated countries. International costs, including filing costs,
prosecution costs, and annuities that must be paid in order to
maintain the patents, will vary from country-to-country. We will be
happy to provide fee quotes for filing in the countries you select.
Filing internationally is entirely optional, and is based on your
business goals. If you have any questions regarding the PCT process
or national stage filings, please do not hesitate to
contact us.
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