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General Information The Patent Cooperation Treaty ("PCT") is an international treaty intended to make it easier for the citizens and residents of countries that are members of the PCT (which includes Canada) to obtain patent protection in each of the PCT member countries. It is a common misconception that the PCT provides for a “world patent”; it does not. There is no such thing as a patent that covers the world. Rather, the PCT provides for the filing of a single international application (referred to as a PCT application) that is deemed, as of the international filing date, to have the effect of filing a regular national application in each of the over 125 PCT member states, and the effect of filing a regular regional application in the four regional patent organizations that have agreed to be bound by the PCT. For example, a European patent application is a regional application. The PCT does not eliminate the requirement for national prosecution of patent applications; for a PCT application to result in a patent in a particular country or region, the PCT applicant must prosecute a patent application in that country or region. However, the PCT does provide for an international phase that extends the deadline by which a patent application must be filed in a country or region (typically by 18 months). As well, during the international phase of a PCT application, the results of a prior-art search and a patentability opinion are provided to the applicant. Thus, through a PCT application, the applicant both defers the costs associated with prosecuting patent applications in multiple countries and obtains information useful in deciding whether to proceed with such applications. A PCT application may be an originating application (i.e. if no previous applications to patent the invention have been filed). Alternatively, a PCT application may be filed within one year of the filing of an earlier originating application filed in the national Patent Office of a specific country. In the latter case the PCT application may claim priority retroactively to the filing date of the earlier originating application. Example: A client files an initial patent application in, say, Canada or the USA. No later than 12 months after this filing, a counterpart PCT patent application may be filed, effective in all PCT member states. The PCT application may expand the contents of the initially filed specification and claims to cover modifications, improvements, and expanded information beyond what was disclosed in the original Canadian or US application. No later than about 30 months after the filing of the initial Canadian or US application (the actual time limit varies), the client enters the national or regional phase in each elected nation or region in which patent protection is desired. Each of the national or regional applications is then prosecuted either to allowance and grant of patent, or to final refusal or abandonment. Note re Fees: WIPO and the Canadian Receiving Office adjust offiical PCT fees periodically to offset foreign exchange rate fluctuations. We can advise further re fees to be expected in any individual case. |
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here written constitutes legal advice. The accuracy of what is written
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