Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is a 1970 treaty administered by the World Intellectual Property Organization that provides a common procedure for seeking patent protection across its Contracting States. An applicant files one international application and later chooses the countries or regions where national patents will be pursued. The PCT simplifies filing, but does not itself grant a worldwide patent.

International phase

The international phase centralizes the initial filing, search and publication of the application.

• The applicant files with a competent receiving Office, which checks prescribed formal requirements and accords an international filing date.
• An International Searching Authority identifies relevant prior art and issues a written opinion that gives a preliminary, non-binding assessment of patentability.
• The International Bureau ordinarily publishes the application after 18 months from the earliest priority date.

Entry into national phase

The applicant may request an optional international preliminary examination for a further non-binding analysis before proceeding nationally.

• The applicant generally has up to 30 months from the priority date to enter the national phase, subject to the rules of each designated state.
• During the national phase, each national or regional patent office examines the application and independently decides whether to grant a patent.

How the Treaty facilitates applicants

The PCT creates a single set of filing formalities and postpones much of the cost and administrative burden associated with separate foreign applications.

• The search and written opinion help applicants assess prior art and commercial prospects before paying national fees and translation costs.
• The additional time enables applicants to select commercially important jurisdictions and arrange financing or licensing.
• The system creates no international patent: protection remains territorial, and grant depends on each office applying its national law.