Foreign Patent Filing Using the PCT

Another method of foreign patent filing is using the PCT (Patent Cooperation Treaty). The PCT is a unified way of foreign patent filing. It is simultaneous protection in many countries when foreign patent filing. You do not have to file separately in each contracting State. Foreign patent filing under the PCT means that the international application will have the same effect as a national application.

An important part of foreign patent filing is the international search report. The report lists citations that may affect the invention’s patentability. Included is a written opinion of whether or not the invention meets patentability requirements. Publishing of both will more easily help others evaluate whether or not they think your invention is patentable. A patenting agency, like InventHelp, can help you in this process.

Foreign patent filing under the PCT is a complicated process, so you will need the help of an expert. If your international application is in the form required by the PCT, then your application can’t be rejected on presentation grounds during the national phase. The publication is important when foreign patent filing. This can be a very effective method of advertising and will show potential licensees how far you have already come in your foreign patent filing.

Foreign patent filing under the PCT means that there will next be a national phase. The national phase includes the processing of the international application before each office. However, the national phase is usually delayed until the completion of the international phase. The national phase will start when the applicant performs certain procedures within the required time limit.

Before the national phase of foreign patent filing, the applicant must pay the national fee each State requires. The applicant must furnish any needed translation. Time limits in the PCT are strict. When you are foreign patent filing, it is important to keep note of the time limits. If you miss a deadline, then your international application will lose the effect it had of the national application and it was explained in article.

In this PCT national phase of foreign patent filing, if there are any States in which you have not missed a required deadline you will not lose the effect of the national application even though you missed a time limit in another State.

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