Advantages of patent registration through PCT instead of individual filing in each country
The PCT (Patent Cooperation Treaty) system is an international system for processing patent applications filed for foreign countries under the PCT Agreement. There are many great advantages when registering patent through PCT instead of traditional individual filing in each target countries.
The full name of the PCT Agreement is the “Patent Cooperation Treaty,” and as of July 2023, it has 157 member countries. The PCT system allows for the filing of patent applications in multiple countries worldwide with just one single application, instead of the traditional method of filing multiple applications in different countries. The international patent application filed under the PCT is referred to as the PCT application.
The PCT application goes through two main stages, namely the international phase and the national phase. Unlike the traditional approach where patent applicants need to file separate applications in foreign countries, the PCT system simplifies this process by allowing applicants to file just one PCT application.
When filing through the PCT, applicants can have a better chance of patent protection in the designated countries because PCT applicants can obtain the possibilities of patent registration on the International Search Report (ISR) and Written Opinion of the International Searching Authority (WO-ISA) provided by the International Searching Authority (ISA).
With the possibilities provided in advance, applicants can have clearer choices when making decisions that impact their business’s operation.
There are three types of fees to be paid when entering the International Phase of a PCT application: (1) an international filing fee; (2) a search fee; and (3) a handling fee for the PCT application by the original Intellectual Property Office.
The International Phase begins from the moment the applicant submits the PCT application to the IPO within a period not exceeding 12 months from the date of the original patent application. IPO conducts only a formal examination before forwarding the PCT application to the International Bureau of the World Intellectual Property Organization (WIPO).
The International Phase ends on the last day of the 30th month (in most countries) or immediately before the entry into the National Phase, which is the time when the applicant submits a request for protection in the desired countries.
The National Phase commences on the first day of the 31st month (in most countries) when the applicant files multiple applications in the National Phase for examination under the national laws of each selected country. This means the final deadline for the PCT application originating from Vietnam to enter the National Phase is 30 months from the priority date (not extendable).
In practice, many countries in the PCT system do not individually examine novelty, inventive step, and industrial applicability during the National Phase but may grant exclusive patent rights based on similar inventions (patent family) protected by other patent offices, especially those within the IP5 group consisting of USPTO, EPO, JPO, CNIPA, and KIPO.
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