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PCT

PCT. PATENT COOPERATION TREATY. By: Nico Reyes & Keziah Tan. What is a patent?. A patent is a legal right to keep others from making, using or selling an invention. This legal right is granted by a government for a limited period of time. http://www.ladas.com/Patents/patpers.html.

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PCT

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  1. PCT PATENT COOPERATION TREATY By: Nico Reyes & Keziah Tan

  2. What is a patent? • A patent is a legal right to keep others from making, using or selling an invention. This legal right is granted by a government for a limited period of time. http://www.ladas.com/Patents/patpers.html

  3. TYPES OF PATENT APPLICATIONS • Patents of Inventions • Design Patents • Utility Model Patents

  4. Overview • The Patent Cooperation Treaty (PCT) is an internationalpatentlawtreaty. It provides a unified procedure for filing patent applications to protect inventions in each of its Contracting States • A patent application filed under the PCT is called an international application or PCT application. http://en.wikipedia.org/wiki/Patent_Cooperation_Treaty

  5. Overview • The Patent Cooperation Treaty (PCT) provides a unified procedure for filing patent applications to protect inventions internationally. • A single filing results in a single search accompanied with a written opinion. http://www.nationmaster.com/encyclopedia/Patent-Cooperation-Treaty

  6. History • Done at Washington on June 19, 1970 with 18 initial contracting states • Entered into force on January 21, 1978 • Amended on September 28, 1979 • Modified on February 3, 1984, and October 3, 2001 http://www.wipo.int/pct/en/texts/articles/atoc.htm

  7. AIMS (taken from preamble) • To make a contribution to the progress of science and technology, • To perfect the legal protection of inventions, • To simplify and render more economical the obtaining of protection for inventions where protection is sought in several countries, • TO facilitate and accelerate access by the public to the technical information contained in documents describing new inventions, • To foster and accelerate the economic development of developing countries*

  8. Membership • Any contracting state to the Paris Convention can become a member. • As of April 3, 2008, there were 139 Contracting States to the PCT. • Most of the world’s industrialized countries are part of this treaty. * http://www.nationmaster.com/encyclopedia/Patent-Cooperation-Treaty

  9. Advantages • An international applicant is given the possibility to delay as much as possible the national or regional procedures. • Respective fees and translation costs are lessened. • It is a unified filing procedure. http://www.nationmaster.com/encyclopedia/Patent-Cooperation-Treaty

  10. THE APPLICATION PROCESS

  11. Step 1 - Filing • Done in a Receiving Office (RO)* • Application needs to be filed in one language only * • At least one applicant must be a national or resident of a member state of the PCT • Applicants from any contracting state may file an international patent application at the International Bureau in Geneva

  12. Step 2 - Search • An international search is made by the Searching Authority (ISA). • Results are released in an International Search Report (ISR), usually 9 months after the filing of the application. The report includes the patentability of the invention.

  13. Step 3 - Publication • Done 18 months after filing date • Published in one of the eight "languages of publication": Arabic, Chinese, English, French, German, Japanese, Russian, and Spanish. *

  14. Step 4 – Optional Examination • An international preliminary examination may optionally be demanded • Done by an authorized International Preliminary Examination Authority (IPEA), resulting to an International Preliminary Examining Report (IPER).

  15. Step 5 – National & Regional Phase • Occurs 30 months from the filing date of the international application or from the earliest priority date of the application if a priority is claimed • Certain national laws may fix time limits, which expire earlier than 30 months. * • If the entry into national or regional phase is not performed within the prescribed time limit, the international application generally ceases to have the effect of a national or regional application.

  16. PCT and The Philippines Philippine Rules on Philippine Applications: • http://ipophil.gov.ph/page_details.asp?sr=64

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