The Patent Cooperation Treaty (PCT) is an International Treaty with over 145 contracting states. The World Intellectual Property Organisation (WIPO) is responsible for administering PCT. As a result, PCT protects the invention of the applicant in many countries. Besides a single international patent application can be made, instead of filing multiple national or regional patent applications. For instance, one may file the application in a single country, in a single language. This ensures the filing of the patent in various countries, in various languages.
ISA after receiving the search copy of the international application conducts an international search. Subsequently, the applicant can opt for an international preliminary examination by the International Preliminary Examining Authority (IPEA). WIPO recognizes some of the Patent Offices in the world to function as ISA and IPEA under the PCT. An applicant can choose any of the recognized Patent Offices to conduct the search and examination. For example, Indian applicants may choose the Patent Offices listed down below:
The ISA after conducting the international search establishes the International Search Report (ISR). It identifies the published patent documents and technical literature that may influence the patentability of an invention. Furthermore, the ISA also establishes a Written Opinion of the Search Authority (WOSA) on the potential patentability of the invention. The search fee can vary based on the ISA chosen.
WIPO publishes the international application, along with the International Search Report. Thereafter, it is published after the expiry of 18 months from the priority date of the application.
Once WIPO publishes the application, the applicant may opt for the international preliminary examination. Thereafter, the International Preliminary Examination Authority establishes an International Preliminary Report on patentability. Besides, if the applicant does not opt for a preliminary examination, the WOSA is published as the International Preliminary Report, by the International Bureau of WIPO.
Then, the IPEA carries out an additional patentability analysis and sends a written opinion to the applicant. Thereafter, the applicant may make any amendment to the international application as required.
After the PCT procedure ends, or after international search or preliminary examination or before 30/31 months from the priority date, an application for the grant of a patent can be filed before the national patent office of the country in which the patent is desired. The date of filing is the international filing date in all such countries.
The applicant must file a national phase application in India before the expiry of 31 months from the date of priority of the application to get a grant of patent in India.