PCT Applications

What is the PCT?

PCT is short for the Patent Co-operation Treaty which came into effect in 1978. It is an agreement which provides for international co-operation and rationalisation with regard to filing, searching and examination of patent applications.

What is the scope of a PCT application?

Although a PCT application affords the applicant an opportunity to apply to expand its rights to all designated member countries by lodging a single PCT application, the PCT system does not provide for the granting of international patents. The granting of patents remains the responsibility of the Patent offices designated in the designated (selected) countries where protection is sought.

What is the procedure?

A PCT application must be submitted within 12 months from date of filing a provisional patent application. From date of filing of a PCT, the applicant is granted a further 18 months in which to refine/test its invention as well as find any additional funding necessary. Thereafter, actual filing in the countries designated must occur.

Once a PCT application is filed, the formal examination commences. A patent novelty search is conducted by the selected Patent Office. Once the search is conducted (this usually takes between 30 – 31 months) the application is filed in the countries selected. The application is then there examined, and if it is in compliance with all the formalities, it will be granted in the selected country.

Need further advice?

The above comments are general information. Please contact us if you require formal advice or possible patent registration.