Lodging a Patent Cooperation Treaty (PCT) international application with the World Intellectual Property Organisation (WIPO) is the beginning of the international phase of the process of obtaining patent protection in the countries you elect. Usually, a PCT application is lodged within 12 months of the filing of a provisional application. Your PCT application will establish a filing date in about 130 countries which are signatories to the treaty.

Your PCT application lasts up to 30-31 months from the priority date before it lapses. To obtain patent protection in each country of interest, complete applications, known as national phase applications, must be filed in each individual country prior to the expiry of the PCT application. The advantage of filing a PCT application is that it delays the deadline for (and thus the cost of) filing individual complete applications for up to 18 months after the expiry of the provisional patent application.

Which countries are parties to the PCT?

Most industrialised countries are party to the PCT, with a few exceptions (e.g. Argentina, Taiwan, Thailand, Pakistan, Uruguay and Venezuela).

Do I have to file a PCT application?

No. The other procedure by which you can obtain patent protection in the countries of interest is by directly filing individual complete patent applications in each country.

However, the filing cost of this stage can be quite significant if many of countries are selected. Since most inventors and small companies are not in a financial position to afford the filing costs so early on, starting with a PCT application is the normal avenue for the complete application process.

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Important Disclaimer: The information on this website is not legal or professional advice. The information may:

  1. not be correct;
  2. only relate to the law or practice in a given country; and/or
  3. be outdated.

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