Pct vs u s patent

The PCT allows inventors and entrepreneurs to file in their home country first and enjoy protection elsewhere too, but there are a few differences that must be pointed out. First and foremost, the PCT is generally more expensive than direct national filing. You also get more time than you do for the Paris Convention direct filing system.

So first let’s understand these two patent applications individually, on what situation these two patent application file. What is PCT in patent? It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. Once someone has prepared and filed a United States patent application, whether that applicant is a U. As mentioned in the earlier paragraph, there is a fixed fee of $2to do this.

The PCT is an international treaty with more than 1Contracting States. PCT application fee must be filed within a year. The granting of patents remains under the control of the national or. Here is a look at the states : The PCT now has 1Contracting States.

The questions is: Which application should be filed first, or should both patent applications be filed simultaneously? Let’s consider patent strategies for filing US first, PCT first or both concurrenlty. It may make sense to file first in the US if you are not yet sure about international patent protection.

Filing US first and then PCT. UN said on Tuesday. A record 268international patent applications were filed last year, a hike of 5. World Intellectual Property Organization (WIPO) said in its annual report.

The PCT procedure also includes an International Search Report, which may assist the applicant in determining what prior art the application might face before the individual national patent offices. An optional international examination procedure allows the presentation of further amendments and arguments, just like examination in front of the national patent offices. The PCT patent application is a single application filed at one of the international receiving offices (of which the USPTO is one) that grants the applicant the right to file future national patent applications in any of the contracting states. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications.

In my experience, only after at least a few years (typically 3–5) is it known if a product is going to be successful. A patent only protects your invention in the country where the patent is registered. Presently, with few exceptions, nearly all industrialized nations are signatories to the PCT. This is known as a bypass continuation.

An example application process flow is provided in figure below. According to the rules and practice of the U. Unity of Invention Versus U. The front page of a patent contains various dates: a priority date, a filing date and - once the patent has been granted - a grant date. This can be confusing and can even lead to major financial problems if, for example, you want to find out how much longer your competitor's patent is going to be standing in your way (and you start out from the wrong date). PCT versus the Paris Convention. While I’m a firm advocate of the PCT (well, I would be wouldn’t I?), direct Paris Convention filing will also have a place in the filing strategies of many applicants.

Some advantages of the PCT are: A single application can be filed in the applicant’s home country, in the local language. Patent Application was filed.