Patent Cooperation Treaty
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2008-07-08T16:08:34Z
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/* Accession */
{{Patent Cooperation Treaty}}
The '''Patent Cooperation Treaty''' ('''PCT''') is an [[international]] [[patent]] [[law]] [[treaty]], concluded in [[1970]]. It provides a unified procedure for filing [[patent application]]s to protect [[invention]]s in each of its Contracting States (see Accession section below for current membership information). A patent application filed under the PCT is called an '''international application''' or '''PCT application'''.
A single filing of an international application is made with a Receiving Office (RO) in one language. It then results in a [[prior art|search]] performed by an International Searching Authority (ISA), accompanied with a written opinion regarding the [[patentability]] of the invention which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). <ref> {{PCT Article|32}} </ref> Finally, the examination (if provided by national law) and grant procedures are handled by the relevant national or regional authorities. The PCT does not lead to the grant of an "international patent", which does not exist.
The States party to the PCT, i.e. the Contracting States,<ref name="ART1"> {{PCT Article|1|1}} </ref> constitute the '''International Patent Cooperation Union'''.<ref name="ART1"/>
==History==
The Washington Diplomatic Conference on the Patent Cooperation Treaty took place from [[May 25]] to [[June 19]], [[1970]]. The Patent Cooperation Treaty was signed in [[Washington, DC|Washington]] at the very end of the conference, i.e., on [[June 19]] [[1970]]. The Treaty entered into force on [[January 21]] [[1978]] initially with 18 Contracting States. The first international applications were filed on [[June 1]] [[1978]]. The Treaty was subsequently amended in 1979, and modified in 1984 and 2001.
==Accession==
Any Contracting State to the [[Paris Convention for the Protection of Industrial Property]] can become a member of the PCT.
A majority of the world's countries are signatories to the PCT, including all of the major industrialised countries (with a few exceptions, including [[Argentina]] and [[Republic of China|Taiwan]]). As of [[April 3]], [[2008]], there were 139 Contracting States to the PCT. [[Sao Tome and Principe]] (ST) became the 139th Contracting State on April 3, 2008. The PCT entered into force for Sao Tome and Principe on July 3, 2008. <ref> PCT-GENERAL mailing list, [http://www.wipo.int/wilma/pct-general/200804/msg00000.html ''Sao Tome and Principe/Sao Tomé-et-Principe''], Thu, 10 Apr 2008 11:26:43 +0200 (CEST). </ref>
==Procedure==
The main advantages of the PCT procedure, also referred to as the international procedure, are the possibility to delay as much as possible the national or regional procedures, and the respective fees and translation costs, and the unified filing procedure.
An international patent application has two phases: The first phase is the international phase in which patent protection is pending under a single patent application filed with the patent office of a contracting state of the PCT. The second phase is the national and regional phase which follows the international phase in which rights are continued by filing necessary documents with the patent offices of separate contracting states of the PCT. <ref> [http://www.wipo.int/pct/guide/en/ "PCT Applicant's Guide"]</ref>
===Filing===
The first step of the procedure consists in filing an ''international (patent) application'' with a suitable patent office, called a ''Receiving Office'' (RO). This application is usually called an ''international application'' or simply a ''PCT application'' since it does not result in an international patent nor in a PCT patent (both of which do not exist). The international application needs to be filed in one language only (though translations may still be required for international search and international publication, depending on the language of filing and the International Searching Authority to be used). At least one applicant (either a [[person|physical]] or [[Juristic person|legal person]]) must be a [[nationality|national]] or [[dwelling|resident]] of a Contracting State to the PCT, otherwise no international filing date is accorded.<ref> {{PCT Article|9}} </ref> In most member states, the applicant or at least one of the applicants of the application is required to be a national or resident of the state of the receiving office where the application is filed. Applicants from any contracting state may file an international patent application at the International Bureau in Geneva.<ref>{{PCT Rule|19}}</ref>
Upon filing the international application, all Contracting States are automatically designated.<ref> Applicable as from [[January 1]], [[2004]] </ref><ref> [[Germany]], [[Japan]], the [[Republic of Korea]] and the [[Russian Federation]] can be excluded from this all-inclusive designation if priority is claimed from an earlier national filing in the state concerned. </ref> An international patent application has the same standing {{vague|date=March 2008}} <!-- This is rather vague: what does "the same standing" mean in this context? In addition, the prior effect of an international application, e.g. in the United States, may be different than the prior effect of a direct US application --> during the international phase as if a national or regional patent application had been filed in every contracting state of the PCT. {{Fact|date=August 2007}}
{| style="float:right; margin:1em 1em 1em 1em; width:22em; border: 1px solid #a0a0a0; padding: 10px; background-color: #F5F5F5; text-align:left;"
|- style="text-align:center;"
|'''International Searching Authorities (ISA) and International Preliminary Examining Authorities (IPEA)''' <ref> [[World Intellectual Property Organization]], [http://www.wipo.int/pct/guide/en/ ''The PCT Applicant's Guide (Last updated 29 November 2007)''] </ref><ref name="PCTNewsletter"> [[World Intellectual Property Organization]], [http://www.wipo.int/edocs/pctndocs/en/2007/pct_news_2007_12.pdf ''Nordic Patent Institute to Start Functioning as International Searching and Preliminary Examining Authority''], [[PCT Newsletter]], 12/2007 </ref>
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|1. '''Austrian Patent Office''' (AT).
|- style="text-align:left; font-size:x-small;"
|2. '''[[Australian Patent Office]]''' (AU).
|- style="text-align:left; font-size:x-small;"
|3. '''[[Canadian Intellectual Property Office]]''' (CA).
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|4. '''[[State Intellectual Property Office of the People’s Republic of China]]''' (CN).
|- style="text-align:left; font-size:x-small;"
|5. '''[[European Patent Office]] (EP).
|- style="text-align:left; font-size:x-small;"
|6. '''Spanish Patent and Trademark Office''' (ES).
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|7. '''National Board of Patents and Registration of Finland''' (FI).
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|8. '''[[Japan Patent Office]]''' (JP).
|- style="text-align:left; font-size:x-small;"
|9. '''[[Korean Intellectual Property Office]]''' (KR).
|- style="text-align:left; font-size:x-small;"
|10. '''[[Federal Service for Intellectual Property, Patents and Trademarks]] (Russian Federation)''' (RU).
|- style="text-align:left; font-size:x-small;"
|11. '''[[Swedish Patent and Registration Office]]''' (SE).
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|12. '''[[United States Patent and Trademark Office]]''' (US).
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|13. '''[[Nordic Patent Institute]]''' (XN).
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|Note: All International Searching Authorities are also International Preliminary Examining Authorities.
|}
===Search===
A search or ''international search'' is then made by an authorized ''International Searching Authority'' (ISA) to find the most relevant [[prior art]] documents regarding the claimed subject-matter. This results in an ''International Search Report'' (ISR), together with a written opinion regarding [[patentability]].<ref> The written opinion is only established by the International Searching Authority (ISA) for international applications filed on or after [[January 1]], [[2004]]. </ref>
The ISR is normally provided by the ISA to the applicant 9 months after filing of the application in the event of a first filing and 16 months after the [[priority right|priority date]] in the event of a subsequent filing (i.e., claiming the priority of a first filing).
The ISR is published together with the international application (or as soon as possible afterwards). The written opinion is initially confidential, but unless it is superseded by an ''International Preliminary Examination Report'' (see optional examination, below) it is made available in the form of an "''international preliminary report on patentability (Chapter I of the Patent Cooperation Treaty)''" (commonly abbreviated "''IPRP Chapter I''") 30 months after the filing date or the priority date if any.<ref> {{PCT Rule|44bis|1|b}} </ref> If the ISR and/or IPRP are not in English, they are translated into English for publication. {{Fact|date=August 2007}}
===Publication===
18 months after the filing date or the priority date if any, the international application is published by the ''International Bureau'' (IB) of [[WIPO]], based at [[Geneva]], [[Switzerland]], in one of the eight "languages of publication": [[Arabic language|Arabic]], [[Chinese language|Chinese]], [[English language|English]], [[French language|French]], [[German language|German]], [[Japanese language|Japanese]], [[Russian language|Russian]], and [[Spanish language|Spanish]]. <ref> {{PCT Rule|48|3}} </ref> The “languages of publication” will include [[Portuguese language|Portuguese]] and [[Korean language|Korean]] soon, i.e. for international applications whose international filing date is on or after January 1, 2009. <ref> [http://www.wipo.int/edocs/pctndocs/en/2007/pct_news_2007_10.pdf ''PCT publication languages''], [[PCT Newsletter]] 10/2007, October 2007, pages 2-3. </ref> There is an exception to this general rule however: if 18 months after the priority date, the international application only designates the [[United States]], then the application is not automatically published.<ref> {{PCT Article|64|3}}, [http://www.wipo.int/pct/en/texts/reservations/res_incomp.pdf PCT Reservations, Declarations, Notifications and Incompatibilities] </ref>
===Optional examination===
Afterwards, an ''international preliminary examination'' may optionally be requested ("demanded"). The "international examination" is achieved by an authorized ''International Preliminary Examination Authority'' (IPEA). This results in an ''International Preliminary Examining Report'' (IPER). Since 2004, the IPER now bears the title "''international preliminary report on patentability (Chapter II of the Patent Cooperation Treaty)''" (commonly abbreviated "''IPRP Chapter II''").<ref> {{PCT Rule|70|15|b}} </ref>
When an examination is demanded, the contracting states for which the examination is demanded are called ''Elected Offices'' (under ''Chapter II''), otherwise they are called ''Designated Offices'' (under ''Chapter I''). The ''election'' of a contracting state correspondingly means electing it when demanding (requesting) the examination.
===Subject matter===
The PCT does not make any specific provision concerning the types of invention which may be the subject of an international application. Rules 39 and 67 permit International Searching and Preliminary Examining Authorities not to carry out search and examination on certain types of subject matter, such as scientific and mathematical theories, methods of doing business and [[computer program]]s to the extent that the Authority is not equipped to carry out a search or international preliminary examination concerning such programs. However, while a lack of international search may make national processing more difficult, {{PCT Article|27|5}} makes clear that this does not affect the issue of whether the invention is patentable under the laws of the designated States:
:"Nothing in this Treaty and the Regulations is intended to be construed as prescribing anything that would limit the freedom of each Contracting State to prescribe such substantive conditions of patentability as it desires. (...)"
===National and regional phase===
Finally, at 30 months<ref> The 30-month time limit to enter the national phase is not applicable to all countries. A small number of countries still request the entering of the national phase under Chapter I (i.e., if the preliminary examination is not demanded or not demanded in time) at 20 months. Consult this [http://www.wipo.int/pct/en/texts/pdf/time_limits.pdf chart] for national phase entry deadlines for specific countries or regions. </ref> from the filing date of the international application or from the earliest priority date of the application if a priority is claimed, the international phase ends and the international application enters in national and regional phase. However, any national law may fix time limits which expire later than 30 months. For instance, it is possible to enter the European regional phase at 31 months from the earliest priority date. National and regional phases can also be started earlier on the express request of the applicant.<ref> {{PCT Article|20|3}} or {{PCT Article|40|2}} </ref>
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.<ref> {{PCT Article|24|1|iii}} </ref>
==Statistics==
The millionth international application (or PCT application) was filed at the end of [[2004]].<ref> WIPO web site, [http://www.wipo.int/pct/en/million/ PCT One Million and Counting] </ref>
== References ==
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{{reflist|2}}
== Further reading ==
* Cees Mulder, ''The Cross-Referenced Patent Cooperation Treaty'', updated yearly, Helze Publisher [http://www.helze.com].
* [http://www.pct-compass.com Peter Watchorn and Andrea Veronese], "''PCT Procedures and Passage into the European Phase''", Kastner AG, 2006, "ISBN-13: 978-3-937082-56-1"
==See also==
*[[Computer programs and the Patent Cooperation Treaty]]
*[[European Patent Organisation]] (EPO)
*[[Eurasian Patent Organization]] (EAPO)
*[[Intellectual Property]]
*[[Patent Law Treaty]] (PLT)
*''[[PCT Gazette]]''
*''[[PCT Newsletter]]''
*[[Substantive Patent Law Treaty]] (SPLT)
*[[World Intellectual Property Organization]] (WIPO)
==External links==
* [http://www.wipo.int/pct/en/index.html Patent Cooperation Treaty resources on the WIPO web site]
** Patent Cooperation Treaty: [http://www.wipo.int/pct/en/texts/articles/atoc.htm html], [http://www.wipo.int/pct/en/texts/pdf/pct.pdf pdf]
** Regulations: [http://www.wipo.int/pct/en/texts/rules/rtoc_short.htm html], [http://www.wipo.int/pct/en/texts/pdf/pct_regs.pdf pdf] (also: [http://www.wipo.int/pct/en/texts/pdf/pct_regulations_history.pdf History of the PCT Regulations - [[June 19]] [[1970]] - [[October 12]] [[2006]]])
** [http://www.wipo.int/pct/guide/en/ Applicant's Guide]
** [http://www.wipo.int/pct/en/texts/glossary.html Glossary]
** [http://www.wipo.int/pct/en/texts/pdf/ai_3.pdf Administrative Instructions] (pdf)
** [http://www.wipo.int/pct/en/texts/pdf/ro.pdf Receiving Office Guidelines] (pdf)
** [http://www.wipo.int/pct/en/texts/pdf/ispe.pdf International Search and Preliminary Examination Guidelines] (pdf)
** [http://www.wipo.int/pct/en/texts/washington.html Records of the Washington Diplomatic Conference on the Patent Cooperation Treaty, 1970]
** [http://www.wipo.int/pct/guide/en/gdvol1/annexes/annexa/ax_a.pdf Regularly updated list of Contracting States] (pdf)
** [http://www.wipo.int/pct/guide/en/gdvol1/annexes/annexk/ax_k.pdf Regularly updated list of Country Names and 2 Letter Codes] (pdf)
** [http://www.wipo.int/pct/en/texts/pdf/time_limits.pdf Time Limits for Entering National/Regional Phase under PCT Chapters I and II ] (pdf)
** [http://www.wipo.int/pct/en/basic_facts/faqs_about_the_pct.pdf ''Protecting your inventions abroad: Frequently asked questions about the Patent Cooperation Treaty (PCT)''] on the WIPO web site
** [http://www.wipo.int/edocs/prdocs/en/2007/wipo_pr_2007_476.html Statistics about international patent applications filed in 2006]
[[Category:Intellectual property treaties]]
[[Category:Patent Cooperation Treaty|*]]
[[Category:Treaties administered by WIPO]]
[[Category:1978 in law]]
[[de:Zusammenarbeitsvertrag]]
[[et:Patendikoostööleping]]
[[es:Tratado de cooperación en materia de patentes]]
[[fr:Traité de coopération sur les brevets]]
[[ko:특허협력조약]]
[[nl:Patent Cooperation Treaty]]
[[ja:特許協力条約]]
[[uk:Договір про патентну кооперацію]]
[[pl:Układ o Współpracy Patentowej]]