Posts Tagged: "PCT"

When to Use the Patent Cooperation Treaty—and Why It’s So Popular

The Patent Cooperation Treaty (PCT) enables applicants to file one application, called an international application, in a standardized format in an authorized Receiving Office, and have that patent application treated as a regular national patent application in all Member Countries to the PCT. The PCT also provides for the establishment of an international search report and written opinion and publication of the international application after 18 months from the earliest priority date. Aside from being cheaper compared to filing directly in every PCT Member Country individually, which would be unthinkably expensive, the applicant has up to 30 months to actually decide where to receive a patent.

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.

Why It’s Time to Board the PCT Train: The Benefits of Filing U.S. Patent Applications via the PCT First

I am going to make a bold statement: every non-provisional patent application for an invention originating in the U.S. should be filed via the Patent Cooperation Treaty (PCT) first. Then, after another six months, following the international search, and PCT publication, those who desire U.S. patents should enter the U.S. National Stage. That’s right: every single application, no exceptions. No, I have not lost my mind. Here’s why.

IPW Webinar – The Patent Cooperation Treaty: Best Practices & Common Mistakes

The Patent Cooperation Treaty (PCT) is becoming an increasingly important tool for companies all around the world, with strategic use on the rise for a variety of reasons. Did you know, for example, that if you proceed to PCT Chapter II at a cost of $600 and choose the U.S. as your searching authority, your National Stage fees for Examination…

Mission Impossible? How U.S. Drafters Can Minimize Support/Clarity Issues Under Article 84 EPC

When drafting Patent Cooperation Treaty (PCT) applications, or applications intended to be prosecuted abroad, a U.S. drafter inevitably faces the challenge of providing a description in line with the requirements of different jurisdictions. By the time feedback is received from the foreign patent offices, it will be too late to make any adjustments, and important aspects of the invention may inadvertently be lost. The challenge might feel impossible when dealing with the requirements of the European Patent Office (EPO), as the European Patent Convention (EPC) regulations on written description are framed in a way that is fundamentally different from U.S. regulations. For example, the requisites of providing an adequate description and notice of the metes and bounds of the claimed invention are framed in the United States as separate requirements (written description and definiteness respectively) with different legal bases (35 USC 112(a) for written description and 35 USC 112(b) for definiteness respectively).