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The PCT (Patent Cooperation Treaty) makes it possible to do a single patent filing at a relevant Receiving Office in one language for multiple countries.
The first phase of the PCT filing involves and international procedure and assessment by a relevant international authority, and the second phase involves the national or regional administration of the patent application. Only once both phases have been completed, is the patent thus granted.
The PCT filing at the international stage, known as the international application, doesn’t constitute a patent granting. The application can be completed in a single language, but translations may be needed for the searching of international patent databases and publications.
It is a requirement that the applicant be a citizen of a contracting state to the Patent Cooperation Treaty, and the applicant must also be a resident or citizen of the specific national authority where the receiving office resides. The application, if meeting all the requirements, will have the same effect as a national filing in the designated states.
The PCT application is subject to a search by the ISA, standing for International Searching Authority. The search involves patent database searches for prior art regarding the claims contained in the application.
The results of the search are contained in a search report accompanied by a report regarding the patentability of the invention. The search report is known as International Search Report, and it is provided nine months after the filing. The information is published with the international application.
The report is useful in the sense that it gives the applicant an indication as to the usefulness of continuing with the application, what the costs will be including that of translation and more.
Contact us at Smit & Van Wyk as intellectual property attorneys to assist with the filing of a PCT application. |
