DEREK JACKSON ASSOCIATES

CHARTERED PATENT ATTORNEYS
EUROPEAN PATENT ATTORNEYS
REGISTERED TRADE MARK ATTORNEYS
EUROPEAN TRADE MARK ATTORNEYS

INTERNATIONAL (PCT) PATENT APPLICATIONS

While there is no worldwide patent, International (PCT) patent applications provide a simplified patent application procedure in over 140 countries.  Click here to see a list of countries.

An International patent application is initiated by filing a description of the invention, any drawings, claims defining the invention and an abstract, generally at the UK or European Patent Office and paying the filing and search fees.

A search for prior publications is carried out by the European Patent Office and the application is published after 18 months by the International Bureau (WIPO) together with the search report.

An International patent application has only a limited life and must be separated into individual national (or regional) patent applications by 30 months from the filing date (or the filing date of another application on which the International application is based).

There is an opportunity within the PCT system for an International preliminary examination to be carried out.  International preliminary examination is carried out by the European Patent Office and there is a brief opportunity for dialogue with the Examiner handling the application before an examination report is drawn up.

The individual national or regional patent applications are subsequently processed by the relevant patent offices.


ADVANTAGES AND DISADVANTAGES

An International patent application should be regarded as a way of deferring the costs of filing individual national or regional patent applications around the world.

This is particularly useful where the merit of an invention has not been fully established or where the applicant is seeking funding for a wide ranging program of patent applications.

A positive International search report or preliminary examination report can significantly reduce subsequent processing costs before some individual patent offices.