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The Smart Patenting Solution: Understanding the PCT

Learn about the Patent Cooperation Treaty (PCT), its features, benefits, and how it can provide economical patent protection for inventors and applicants. Discover why large initial costs can be avoided with the PCT system.

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The Smart Patenting Solution: Understanding the PCT

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  1. The Smart Patenting Solution

  2. What is the PCT? • The PCT features: • simple procedure • single application • economical patent protection

  3. Who is it for? • The PCT is used by: • applicants • inventors • patent offices

  4. PCT Contracting States (18 on 28 January 1978)

  5. PCT Contracting States (126 on 1 April 2005)

  6. PCT Membership

  7. The PCT System 0 File local application (months)

  8. The PCT System 12 0 File PCT application (months)

  9. The PCT System 12 16 0 Receive international search report & written opinion (months)

  10. The PCT System International publication 12 18 16 0 (months)

  11. The PCT System 12 18 22 16 0 (optional) File demand forinternational preliminary examination (months)

  12. The PCT System 12 28 18 22 16 0 (optional) Receive international preliminary report on patentability (months)

  13. The PCT System Enter national phase 30 12 28 18 22 16 0 (months)

  14. Why use the PCT? • PCT applicants: • are well-informed about their chances of obtaining a patent before they spend time and resources on any national application • The PCT: • provides a strong basis for patenting decisions

  15. What are those large initial costs? • The traditional patenting system features: • translation fees • local patent Office fees • local patent agent’s fees

  16. When are these costs incurred?

  17. Traditional patent system vs. PCT system Traditional patent system PCT system

  18. Traditional patent system vs. PCT system 12 0 Traditional patent system File local application File applications abroad 12 0 PCT system

  19. Traditional patent system vs. PCT system Pay fees for: translations, patent Office and patent agents 12 0 Traditional patent system File local application File applications abroad 12 0 PCT system

  20. Traditional patent system vs. PCT system Pay fees for: translations, patent Office and patent agents 12 0 Traditional patent system File local application File applications abroad 30 12 0 PCT system Enter national phase

  21. Traditional patent system vs. PCT system Pay fees for: translations, patent Office and patent agents 12 0 Traditional patent system File local application Pay fees for: translations, patent Office and patent agents File applications abroad 30 12 0 PCT system Enter national phase

  22. The PCT is used throughout the world by corporations, universities and research institutions • Philips Electronics (NL) • Siemens (DE) • Sony (JP) • Procter & Gamble (US) • University of California (US) • Unilever (GB/NL) • Matsushita Electric Industrial (JP) • Council of Scientific and Industrial Research (CSIR) (IN) • LG Electronics (KR) • Samsung (KR)

  23. Developing Countries: Top 15 Filers in 2004

  24. The Office of the PCT • 121,264 applications filed in 2004 • Taking up over 1.8 km of shelving space • Processed by less than 500 employees

  25. Receipt of applications and related documents Data capture Formality examination and issuing notifications to applicants and national and regional Offices PCT Publication Communication of documents to designated and elected Offices (national phase) Processing International Applications at the International Bureau

  26. New developments in the PCT • Paper-less filing of international applications • Electronic dossier • PCT Communication System (COR) • Electronic Document Interchange

  27. The Smart Patenting Solution

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