Modification of claims before publication by the PCT

Patent’s Cooperation Treaty (PCT). Article 19 pct, and the possibility to modify the claims before the publication of the international application.

When we file a patent application through the PCT system, the first thing we would like to obtain from the Office responsible for the search is the International Search Report (ISR), which informs us of the inventive level of our invention.PCT patent

From there, we will be able to modify amend as far as possible our application in order to adapt it to the patentability requirements solicited, allowing us to obtain a strong application able to provide us the extent in the countries of interest.

On receiving the ISR, most professionals directly goes to the results of the examiner, without paying much attention to the rest of the documents attaches by the International Patent Office, specifically I mean the following document:

2019-04-19T06:20:28+02:00Categories: Patents|Tags: |

PCT Patent

There is a sort of urban legend regarding the existence of a unique global patent offering protection to an invention anywhere in the world. The closest thing in real terms to this “global patent” is the one which is processed on the basis of an international agreement that currently includes 148 countries, the PCT patent.

This patent, filed under the Patent Cooperation Treaty (PCT), allows the inventor through a unified application, seeking protection in all countries which are members of the treaty. Therefore, the PCT is a union to cooperate in the filing, searching and examination of patent applications and by now should be clear that it 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 good part of the process country by country, lowering costs and extending certain deadlines.


2019-04-19T06:20:36+02:00Categories: Patents|Tags: , , , , |