pct filing - advantages© dr. s. padmaja, managing partner, ipropat june 21, 2012
TRANSCRIPT
PCT FILING - ADVANTAGES©
Dr. S. Padmaja, Managing Partner, iProPATJune 21, 2012
Patent Cooperation Treaty
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PCT Established June 19, 1970 currently 146 countries filing of single international application not itself result in the grant of a patent, India – December 7, 1998
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Conventional Filing
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0 12File applications individually
File local application
USCAEP
AU
Months
Conventional Filing
Local patent application followed by individual country applications to claim right of priority
Multiple forms / formality requirements
Filing fee and translation fee at the time of filing
Multiple searches / examinationsJune 21, 2012
PCT - System It is only a filing system It is not a granting system There is no PCT patent or WO Patent Only PCT application or a PCT publication
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Conventional vs PCT Filing
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012
File applications individually
0 12 16 18 22 28
File local application
File local application
File PCT application
ISR & WO
International Publication
File demand for IPE
IPER
Enter National Phase
US
USCAEP
AU
CA
EP
AUJP
Months
International Application
international publication – An effective means of advertising and looking for potential licensees.
Has the effect of filing in all the designated states as if a national patent application had been filed with the national patent office of that State.
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Minimum requirements
Request with the required fees Name of the applicant Inventors Description Claims
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Where can the IA be filed
Receiving office At least one of the applicants has the
right to file with the RO International Bureau
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How can the IA be filed
Using Request form PCT Easy
Appropriate fee reductions available
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Fees to be paid for filing
Transmittal fee International filing fee Additional pages Searching fee
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Defects that can be corrected Not a correct Receiving office If the application is filed in a language
not acceptable by the RO Errors in the nationality and address of
the applicant Missing priority Missing fees / signatures
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Defects result in change of filing date
Missing sheets In description Claims Drawings
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International Search
Competent ISA Check unity of invention 16 month Establishes ISR Establishes Written Opinion Classifies the prior art into different
categories June 21, 2012
International Preliminary Report
IPRP File Demand for IPE Established IPEA Request can be made at 3 months from
ISR or 22 months Established at the end of 28th month
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PCT Chapter I and Chapter II
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Advantages of PCT - system It enables filing of one single application
designating all member countries Filed in one language with one office. One set of formal documents Possibility to delay as much as possible the
national procedures, and the respective fees and translation costs.
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Advantages of PCT - system
International search report / written opinion
International Publication International Preliminary Examination Translations and national fees required
only if applicant wishes to proceed. Provides a strong basis for patenting
decisions.June 21, 2012
June 21, 2012
Thank You