Patent cooperation treaty (PCT) - international patent application video by Prasad Karhad
Вставка
- Опубліковано 13 гру 2024
- Patent cooperation treaty (PCT) - international patent application video by Prasad Karhad
patentinindia....
Patents are territorial. which means if you have a patent for your invention in India you cannot stop someone from making using, selling, offering for sale, or importing your patented invention in some other country, that is other than India.
Obviously, you may want to protect your invention in as many countries as possible.
To protect your invention internationally there are 3 ways:
File patent application directly outside India (through Convention or Patent Cooperation Treaty (PCT) route) without filing a patent application in India. You need to take a Foreign Filing License (FFL) if you choose this route.
File patent application in India, and within 12 months of the priority date file Convention Applications in countries of your interest.
File PCT application within 12 months of the priority date.
If you go by the conventional way (that is by Paris convention) you need to file patent applications in all countries of your interest within 12 months from the date of filing of patent application in your home country. The Paris Convention is an international treaty that allows applicants to file the first application in their home country. And within 12 months period, further application called a Paris Convention application could be filed at desired countries.
For example, you selected 10 countries to file your patent application, can you imagine the simultaneous workload? doing all the steps in all the countries of your interest like replying to objections, request for examinations, translating your patent application into different languages and ultimately professional charges of patent agents and attorneys involved at different patent offices… and all this happening simultaneously !!!
this is what would happen if you take the convention route for international filing of your patent application. to avoid such chaotic condition expenses and additional workload patent cooperation treaty created.
“PCT is administered by World Intellectual Property Organization WIPO, and its primary objective is to provide a system where you need to make only one patent application which would be searched by at least one International search authority and examined by at least one selected International Preliminary Examination Authority IPEA”
It is important to remember that pct does not provide the grant of patent it only facilitates a single application that would be taken from searching to the examination stage centrally and which would be applicable for all the signatory countries in pct. Currently, the number of countries associated with PCT are 138.
when you file an International patent application to PCT Unlike the convention application, your international patent application is valid for all 153 member countries of PCT (that is up to the international phase) and here you have about 30 to 31 months of time to decide whether to enter into the national phase of the country of the interest. This decision depends on the international search and examination report. India joined pct membership on the 7th of December 1998.
❤️Amazing explanation
Wonderful Explanation
Glad it was helpful!
Thank you so very much for making this point understandable most easily.
Explained excellently.
Glad it was helpful!
@Patent in India 🇮🇳 to a different from that the only thing you need a lot of people 👭 to a different
Thank you
you have written 152 and saying 138 countries??
Pct designated coutries are updated regularly www.wipo.int/pct/en/pct_contracting_states.html
So you suggesting that if a person in India has to file for a patent, he should directly file for PCT application and not file a patent application in India?
No, Without applying in host country you cannot apply for other convention countries. Within 12 months from date of filing or priority date one can apply for other countries thorough PCT. (Here we should remember that it has 2 stages 1) International phase 2) national / regional phase respectively). So, that's it.
152 sir not 138
157*