PCT PATENT COOPERATION TREATY By: Nico Reyes & Keziah Tan

What is a patent? A patent is a legal right to keep others from making, using or selling an invention. This legal right is granted by a government for a limited period of time. A patent is a legal right to keep others from making, using or selling an invention. This legal right is granted by a government for a limited period of time.

TYPES OF PATENT APPLICATIONS Patents of Inventions Patents of Inventions Design Patents Design Patents Utility Model Patents Utility Model Patents

Overview The Patent Cooperation Treaty (PCT) is an international patent law treaty. It provides a unified procedure for filing patent applications to protect inventions in each of its Contracting States The Patent Cooperation Treaty (PCT) is an international patent law treaty. It provides a unified procedure for filing patent applications to protect inventions in each of its Contracting Statesinternationalpatentlaw treatypatent applicationsinventionsinternationalpatentlaw treatypatent applicationsinventions A patent application filed under the PCT is called an international application or PCT application. A patent application filed under the PCT is called an international application or PCT application.

Overview The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications to protect inventions internationally. The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications to protect inventions internationally.patentinventionspatentinventions A single filing results in a single search accompanied with a written opinion. A single filing results in a single search accompanied with a written opinion.

History Done at Washington on June 19, 1970 with 18 initial contracting states Done at Washington on June 19, 1970 with 18 initial contracting states Entered into force on January 21, 1978 Entered into force on January 21, 1978 Amended on September 28, 1979 Amended on September 28, 1979 Modified on February 3, 1984, and October 3, 2001 Modified on February 3, 1984, and October 3,

AIMS (taken from preamble) To make a contribution to the progress of science and technology, To make a contribution to the progress of science and technology, To perfect the legal protection of inventions, To perfect the legal protection of inventions, To simplify and render more economical the obtaining of protection for inventions where protection is sought in several countries, To simplify and render more economical the obtaining of protection for inventions where protection is sought in several countries, TO facilitate and accelerate access by the public to the technical information contained in documents describing new inventions, TO facilitate and accelerate access by the public to the technical information contained in documents describing new inventions, To foster and accelerate the economic development of developing countries* To foster and accelerate the economic development of developing countries*

Membership Any contracting state to the Paris Convention can become a member. Any contracting state to the Paris Convention can become a member. As of April 3, 2008, there were 139 Contracting States to the PCT. As of April 3, 2008, there were 139 Contracting States to the PCT.April 32008April Most of the world’s industrialized countries are part of this treaty. * Most of the world’s industrialized countries are part of this treaty. *

Advantages An international applicant is given the possibility to delay as much as possible the national or regional procedures. An international applicant is given the possibility to delay as much as possible the national or regional procedures. Respective fees and translation costs are lessened. Respective fees and translation costs are lessened. It is a unified filing procedure. It is a unified filing procedure.

THE APPLICATION PROCESS

Step 1 - Filing Done in a Receiving Office (RO)* Done in a Receiving Office (RO)* Application needs to be filed in one language only * Application needs to be filed in one language only * At least one applicant must be a national or resident of a member state of the PCT At least one applicant must be a national or resident of a member state of the PCT Applicants from any contracting state may file an international patent application at the International Bureau in Geneva Applicants from any contracting state may file an international patent application at the International Bureau in Geneva

Step 2 - Search An international search is made by the Searching Authority (ISA). An international search is made by the Searching Authority (ISA). Results are released in an International Search Report (ISR), usually 9 months after the filing of the application. The report includes the patentability of the invention. Results are released in an International Search Report (ISR), usually 9 months after the filing of the application. The report includes the patentability of the invention.

Step 3 - Publication Done 18 months after filing date Done 18 months after filing date Published in one of the eight "languages of publication": Published in one of the eight "languages of publication": Arabic, Chinese, English, French, German, Japanese, Russian, and Spanish. *

Step 4 – Optional Examination An international preliminary examination may optionally be demanded An international preliminary examination may optionally be demanded Done by an authorized International Preliminary Examination Authority (IPEA), resulting to an International Preliminary Examining Report (IPER). Done by an authorized International Preliminary Examination Authority (IPEA), resulting to an International Preliminary Examining Report (IPER).

Step 5 – National & Regional Phase Occurs 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed Occurs 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed Certain national laws may fix time limits, which expire earlier than 30 months. * Certain national laws may fix time limits, which expire earlier than 30 months. * If the entry into national or regional phase is not performed within the prescribed time limit, the international application generally ceases to have the effect of a national or regional application. If the entry into national or regional phase is not performed within the prescribed time limit, the international application generally ceases to have the effect of a national or regional application.

PCT and The Philippines Philippine Rules on Philippine Applications: p?sr=64 p?sr=64