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The Patent Co-operation Treaty is a treaty overseen by WIPO which stands for World Intellectual Property Organization.
The Patent Co-operation Treaty allows for the filing of patent right applications through a simplified process.
There are 125 member countries who have signed the Patent Co-operation Treaty. To file an application you do so at the International Bureau or at an approved patent office.
This enables applicants to only file one application and then have rights in all the member countries designated by the applicant.
This means that the applicant must indicate the countries where they want the patent rights. It should be noted that although one simplified process, it still entails a fee for every country designated up to the first five. After the first five countries selected, the rest will be free.
There are two phases in the process including the national phase when national patent applications apply and the international phase where the applications are filed with the International Bureau. The first step is the patent search internationally which takes about six months and the specifications of the patent are published.
There are various chapters in the treaty, each allowing for a specific period within which the application is to be completed.
Although one simplified process, it is still complicated enough to ensure confusion with the applicants. As such it is best to get in the help of intellectual property attorneys to help with the applications according to the requirements of the Patent Co-operation Treaty.
Contact us at Smit & Van Wyk today to help register patents in various countries.
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