Who can file a PCT application?

Applicant must be a resident or national of a PCT Contracting State. The application must include at least one applicant who is a resident or national of the United States and the application must be entirely in the English language for the United States receiving Office (RO/US) to be deemed competent.

When must a PCT application be filed?

A PCT patent application must be filed within 12 months of the first filing of a national patent application (such as a U.S. provisional or non-provisional patent application).

Can PCT claim priority to provisional?

The filing of a provisional patent application, followed by filing a PCT patent application claiming priority from the provisional application, retains for the applicant control over the timing of the request for search and the timing for the request for examination up to 30 months from the priority filing date.

What is a nationalized PCT?

What is a Patent Cooperation Treaty (PCT) application? A PCT Application is a “placeholder” utility application that establishes a filing date for your invention, and that can subsequently be “nationalized” in any of the more than 140 countries that are members of the PCT.

Can we directly file PCT application?

Considering the nature and process, a PCT application would not be considered to support direct filing. Within the limitations of the process, even with PCT route, it is possible to file patent application(s) outside of the home country without filing any patent application in the home country.

How much is a PCT application?

A PCT application can range from $3,000 to $4,500 depending on the size of the entity seeking patent protection, as well as the invention itself. Additional fees include a transmittal fee (around $240), search fee (roughly $2,000), and international fee (roughly $1,100).

Do PCT applications have a 12 month convention period?

The Paris Convention (which guides portions of the PCT) has a 12-month priority deadline.

Can you claim priority to an issued patent?

A priority claim is made to an earlier-filed patent application. For example, an Applicant can claim priority in a later-filed patent application to earlier-filed U.S. provisional applications, U.S. nonprovisional applications, PCT applications, and/or foreign (i.e., non-U.S. Paris Convention signatory) applications.

How long does a PCT patent last?

30 months
The PCT lasts for 30 months and will expire on July 1, 2017. Any time before July 1, 2017, Joe can file a non-provisional full patent application in any country that participates in the PCT. Any full patent application he files will use the January 1, 2015 date of the PCT.

How does PCT patent work?

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. In other words, a PCT application, which establishes a filing date in all contracting states, must be followed up with the step of entering into national or regional phases to proceed towards grant of one or more patents.

What is PCT in patent process?

The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions.