One question that may come to one’s mind is why should one take the PCT route, when filing can be done individually in each country? Well, firstly, each country has its own jurisdiction and filing separately in each country can be a daunting task in the absence of a framework and professional expertise. Secondly, keeping track of all the multi-lingual information trail that would be generated in this process can also be tedious. Thirdly, it a cost-effective way to entering in the international jurisdiction while biding time to decide as to which Patent Cooperation Treaty (PCT) facilitates an umbrella filing for a patent application in its member states.
A resident of any of the member states is eligible to file a PCT application with their own country designated as receiving office or directly with WIPO. At this stage, an applicant may designate countries in which he seeks to protect his invention. This initiates an applicant’s PCT journey and the application is considered to have entered its international phase. Post-entry into the international phase, the patent application becomes eligible for subjection to a patent search. However examination is optional and is conducted on request. On completion of search and examination, the application enters its national phase in the 30th or 31st month from date of filing of PCT application. The period of entering the national phase varies from state to state. During the national phase, a PCT application is proceeded in accordance with the rules of the concerned designated state.
Though formulated for convenience, PCT route can be challenging in terms of understanding the jurisdiction of each state. Moreover, adapting the international application to fulfill the requirements of each designated state on the onset of national phase is also crucial. Prometheus neutralizes these challenges by providing guidance and advices that are customized to suit the judicial requirements of the designated states.
Our team of experts helps our clients in international phase filings, national phase filings, interpretation of the international search and examination reports, office actions, fulfilling procedural requirements of designated states etc. Our state of the art expertise provides a hassle-free PCT experience during both national and international phase.