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posted 4 years ago
The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions,The PCT procedure consists of two main phases. It begins with the filing of an international application and ends (in the case of a favourable outcome for the applicant) with the grant of several national and/or regional patents: hence the terms international phase and national phase.By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in a large number of countries.
The international phase consists of five stages.The first three occur automatically for all international applications and the last two are optional. The first three steps consist of the filing of the international application by the applicant and its processing by the “receiving Office” (see Annex C), the establishment of the international search report and written opinion by one of the “International Searching Authorities” (see Annex D), and the publication of the international application together with the international search report by the International Bureau of WIPO (hereinafter referred to as “the International Bureau”). The fourth step includes the establishment of a supplementary international search which may be carried out by one or more of the International Searching Authorities (other than the one that carried out the main international search) resulting in the establishment of a supplementary international search report (see Annex SISA).The optional fifth step involves what is known as international preliminary examination (under Chapter II of the PCT), and is concluded with the establishment of the international preliminary report on patentability (Chapter II of the PCT) by one of the “International Preliminary Examining Authorities” (see Annex E).
The expression national phase is used even if the Office before which it takes place is a regional Office, furthermore according to chapter 4, article 015 of the PCT application guide you have to pay the fees for national registration to national office, also according article 016 “ Since 1 April 2002, the applicable time limit for entering the national phase is 30 months from the priority date (or even later in some cases) for all Offices except those in respect of which the former 20-month time limit remains applicable unless the applicant files a demand for international preliminary examination before the expiration of 19 months from the priority date, in which case the 30-month time limit (or even later in some cases) will also apply”. For national registrations popular countries are Switzerland ( https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiFhsz2rdjwAhWjShUIHQSlABYQFjAAegQIAhAD&url=https%3A%2F%2Fwww.ige.ch%2Fen%2Fprotecting-your-ip%2Fpatents%2Fapplication-in-switzerland%2Fapplication-procedure.html&usg=AOvVaw0TIHdzpoSPlA8StaM6qaid ), United states that you should have apply your patent to united states patent and trademark office( https://www.uspto.gov/patents ), and also china which has the first rank in the world for patent protection( https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiCpNOsr9jwAhWSuaQKHQ4ADcoQFjAJegQIDRAD&url=https%3A%2F%2Fwww.china-iprhelpdesk.eu%2Fsites%2Fall%2Fdocs%2Fpublications%2FChina_IPR_Guide-Guide_to_Patent_Protection_in_China_EN-2013.pdf&usg=AOvVaw1WrjvjsIUGuNggqVLQeOmX )
Ultimately, for drafting your patent application you have to getting advice from an IP expert, because your claim must be straightforward for both nationally and internationally registrations.
For further informations: https://www.wipo.int/pct/en/guide/ip03.html
