Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is an international treaty that provides a uniform system for filing patent applications in participating countries. If you are looking to market your invention in other countries, then you should consider filing a PCT application as a first step.

Process

Step One: International Phase

This is called the international phase because you are making a general filing of your patent application with the World Intellection Property Office (WIPO). In this phase, your application will be searched by one of four International Search Authorities (ISAs), as designated by you. The four ISAs are The United States, South Korea, Australia, and European Union. Your choice of ISA will affect the cost of the filing, as each ISA has a different search fee.

Similar to your US patent application, your PCT application publishes in the WIPO database 18 months after your priority filing.

Step Two: National Phase

After you have received your ISA search report, you can begin the process of filing patent applications in any of the participating PCT countries. Applications must be filed and prosecuted by agents with credentials to practice in the jurisdiction where you are seeking a patent.  Also, if you are filing in a non-English speaking country, you may be required to have your application translated.

National Phase Costs

The National Phase can be very expensive because each application will have its own filing and attorney fees. You should plan on spending at minimum $5,000 per country, although it is possible to acquire a single patent for all of the member states of the European Patent Organization (EPO) with one application for at minimum $8,000.

Caveats

Priority Dates Your PCT application must be filed within one year of your first US application filing, regardless of whether that was a provisional or non-provisional application.

Public Disclosures Most other countries in the world prohibit applying for a patent if the invention has been publicly disclosed. If you disclosed your invention prior to US application filing, please bring this to the attention of the attorney or agent representing you.