International Patent Filing Services

International Patent Application

An inventor/applicant can file a patent directly in any country other than India or can apply for PCT (International) patent application within a period of one year from the first filing date/priority date and then following a timeline specified by WIPO, the inventor can file his/her patent application in any country.

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. 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. By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in more than 190 countries.

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A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by 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). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent.

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Filing a PCT application has the effect of automatically designating all Contracting States bound by the PCT on the international filing date. The effect of the international application is the same in each designated State as if a national patent application had been filed with the national patent office of that State.

The International (PCT) application is by nature a temporary placeholder. It serves as a delay mechanism to buy more time before entering the national stage of each desired member country. In that respect, a PCT application is similar to an option contract in the financial world.

The International Patent application provides an additional period of 18-19 months to an invention in comparison to a conventional national phase entry for filing the patent in different country other than native country. The additional 18-19 months may be crucial for you to raise capital or monetize your invention. You may even decide that the invention is not worthy of protection in so many foreign countries, in which case you would have only spent a few thousand dollars to gain the extra time to come to this conclusion. Without the PCT application, you would be forced to decide to spend tens of thousands of dollars at the 12-month deadline only to realize later that it was not worth it.

ANS IP Management Services team is highly experienced in drafting and filing international patent application at competitive rates. In addition to this, our team leads from front to communicate to PCT office against the search report and written option generated by WIPO.