Posts Tagged: "PCT national stage"

PCT Basics: Obtaining Patent Rights Around the World

For better or for worse, there is no such thing as a worldwide patent. There is, however, something that approximates a worldwide patent application that can ultimately result in a patent being obtained in over 150 countries around the world. This patent application is known as an international patent application, or simply an international application. The international treaty that authorizes the filing of this single international patent application is the Patent Cooperation Treaty, most commonly referred to as the PCT.

PCT 101: International Patent Application Filing Basics

The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated as an initial application for patent in any Member Country.  This single, uniform patent application is what is referred to as the international application. Filing an international patent application to start the patent process can frequently be a wise move if you are contemplating securing patent rights in multiple countries. It is, however, important to understand that obtaining international patent protection is not cheap. It is also important to understand that the international patent application you file will not mature into an international patent.

CAFC affirms PTA calculation because patentee did not properly request early national stage examination

The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which made no reference to § 371(f), the PCT, or the national stage, combined with failure to check the box expressly requesting early examination, was an “inconsistent or ambivalent request.” While Actelion was not required to check any boxes, it was still required to make its intentions clear. Thus, the district court did not err in affirming the PTO’s finding that Actelion failed to make an express request for early examination. The Federal Circuit also found no error in the PTO’s determination that the national stage commenced on January 17, 2012, the next workday after a 30-month date that fell on a federal holiday.

The Costs of Patenting in Africa: A Tale of Three Intellectual Property Systems

The African economy, which is home to more than a billion people, has tripled since the year 2000 (Michael Lalor; 2014) and currently houses 9 of the 15 fastest growing economies in the world (Spoor & Fisher; 2016), presenting immense business opportunities. In this article, we shall take a look at the patenting systems in Africa, which are a complicated mix of National and Regional systems, and the costs involved… The lack of a single regional patent office makes the process of obtaining patents in Africa an extremely challenging one as applicants have to navigate their way through a bundle of regional and national legislations, each mandating its own set of procedures.

Navigating Through the PCT Process and the Associated Costs

A PCT application is an international application that is filed under the Patent Cooperation Treaty (PCT), which currently has 151 contracting states. A PCT application is filed with an appropriate Receiving Office within 12 months from the date of first filing (where applicable). The main advantage of a PCT application is that an applicant generally gets 30/31 months from the date of first filing to file individual National Phase applications in jurisdictions of interest. However, one must consider the costs associated with the PCT Process.