PCT

The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO) that enables applicants to seek patent protection in multiple countries through a single international filing. The system creates a standardized process for filing, searching, and examining a patent application across its contracting states.

Under the PCT, an applicant files a single international application with a receiving office or with WIPO, designating the countries where protection is sought. The application may claim priority from an earlier national filing. The International Searching Authority (ISA) conducts a search and provides an International Search Report (ISR) and a Written Opinion. The applicant may also request an International Preliminary Examination by an International Preliminary Examining Authority (IPEA), resulting in an IPEA report. The international publication of the application occurs 18 months after the earliest priority date.

The international phase provides time and flexibility before entering national or regional procedures. In most jurisdictions, the deadline to enter the national phase is up to 30 months from the earliest filing date (31 months in some cases). This delay allows applicants to assess patentability and budget for further prosecution in designated states.

It is important to note that the PCT does not itself grant a patent. Instead, it streamlines the process of seeking protection by offering a unified search and examination framework and delaying certain costs, with patent rights ultimately granted or denied by national or regional offices after entering the national phase.

As of 2024, the PCT includes over 150 contracting states. The treaty is administered by WIPO and provides a pathway to seeking patent protection in many jurisdictions through a single filing.