This week, for the “Patents world” section we propose you a very interesting video, developed by the WIPO (World Intellectual Property Organization), which can be very helpful to better understand or simply have an approach to the PCT process.
First of all, before to watch the video, let’s remind that PCT (Patent Cooperation Treaty) is not a procedure for granting patents and does not replace national granting proceedings, but is a unified procedure for filing patent applications before its granting, which replace a big part of the process country by country, lowering costs and extending deadlines.
Basically, the video explains a few basic elements:
• First, obtaining an International Filing Date (IFD) on the day when the international application is submitted. There are several requirements to do that: having a “petition” (it has to be clear to the receiving office that an International application is filed, and not for instance a National Patent Application), designating all the contracting States, naming at least one applicant in the International application, etc.
• Who can file an application under the PCT? Any natural person or legal entity (Ex: company). To note, at least one of the applicants needs to be a national or resident of a PCT contract State.
• Where to file the international application under the PCT? The application may be filed with a National Office acting as a PCT receiving office.
• Which International Searching Authority (ISA) may be chosen to do the international search report on the application.
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