PCT filing and registration
Filing under the Patent Cooperation Treaty (PCT) is a process used to streamline the process of seeking patent protection for an invention in multiple countries. Here's a general outline of the PCT filing and registration process:
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Evaluate Your Invention: Before filing a PCT application, it's essential to evaluate your invention to determine if it meets the criteria for patentability, such as novelty, non-obviousness, and industrial applicability. Conducting a thorough prior art search can help assess the novelty of your invention.
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Prepare Your PCT Application: Draft a PCT application that describes your invention in detail, including drawings, claims, and a written description. The application must meet the formal requirements set out by the PCT, including language requirements and format.
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Choose a Receiving Office: Select a Receiving Office (RO) where you want to file your PCT application. This is typically the national patent office of your home country or another RO designated by the PCT.
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File Your PCT Application: Submit your PCT application to the chosen RO along with the required filing fees. The RO will conduct a formal examination to ensure that the application meets the PCT's formal requirements.
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International Search: After filing your PCT application, an International Searching Authority (ISA) will conduct an international search to identify relevant prior art that may affect the patentability of your invention. The ISA will issue an International Search Report (ISR) and a written opinion on the patentability of your invention.
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Optional Supplementary International Search: You have the option to request a Supplementary International Search (SIS) if you believe that the ISR does not sufficiently cover the relevant prior art. The SIS will be carried out by another ISA.
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Publication of PCT Application: Your PCT application will be published by the International Bureau (IB) 18 months after the priority date. This makes your invention publicly available.
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International Preliminary Examination (Optional): You have the option to request an International Preliminary Examination (IPE) to receive a non-binding opinion on the patentability of your invention from an International Preliminary Examining Authority (IPEA). This step is optional and can help you assess the strength of your patent application before entering the national phase.
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Enter National/Regional Phases: After the international phase, you must enter the national or regional phase in each country or region where you want to pursue patent protection. This typically involves filing national or regional patent applications within 30 or 31 months from the priority date.
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National/Regional Examination: Once you enter the national or regional phase, each designated office will examine your patent application according to its own patent laws and procedures.
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Grant of Patents: If your patent application meets the patentability requirements of each designated office, patents will be granted in those countries or regions.
 
The PCT system simplifies the process of seeking patent protection internationally by providing a centralized filing procedure and delaying the need to file individual national or regional patent applications. However, it's essential to work with a qualified patent attorney or agent who is familiar with the PCT system and the patent laws of the countries or regions where you intend to seek protection.
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