When to Adopt PCT Application Route and Why?
If you are filing a patent, decide what type of patent application are you filing. Here are few considerations – What is the Patent Application i am going to file? Where (which location – country) am i going to file? – What language to file (most likely it is English? and determine if you are large entity (big enterprise) or Small Entity or Micro Entity (in USA).
If you want to adopt PCT Application route, then you have to understand what is PCT application? and when / why / how should you use it.
What PCT Application?
The Patent Cooperation Treaty (PCT) is an international patent law treaty, between more than 145 countries and administered by the World Intellectual Property
Organization (WIPO). It provides a unified procedure for filing patent applications to protect inventions simultaneously in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
Scenario You can Use it:
– Determine if your patent has global market potential. Then it makes sense to plan in that direction. PCT application is of great value and the route to adopt.
The bottom line – ” I have an invention and want to seek global IP protection” – in such as case PCT Application is a great and cost-effective approach.
A single filing of an international application with a Receiving Office (RO) in one language gets you started. At the appropriate time, select the Nationalities you want to seek protection and get into National (Phase) application to get possible grant / issuance of patent from regional authority.
Benefits of using PCT Application Route:
As state above, a key benefit is obvious. Other benefits include:
- Delay the strategic decisions as to where to pursue patent protection
- Consolidate all patent activities with single international application
- Gain feedback (written opinion) on the patentability of the invention
- Delay the filing to National / Regional authorities up to 30 / 31 months from filing date
- Gain time to determine the commercial demand abroad and then file national phase application in those countries
Takeaway – Most obvious advantage of PCT application is – delaying as much as possible the national or regional procedures, and the respective fees and translation costs.PCT application route allows you to differ the filing costs and decisions to later point of time (typically – about 30 or 31 months) saving money as well as provisioning IP protection in different regions.
Kameshwar Eranki is CEO of VajraSoft Inc.
About VajraSoft Inc. – VajraSoft Inc. is Intellectual Property (IP) Management Software company, helping customers manage innovations and monetize IP’s. Our award winning products empower businesses and IP law firms to automate the patent filing cost estimation process of creating cost estimation quotes for filing a patent in any country globally. VajraSoft Inc. PatFolio helps customers with Invention Disclosures Management, Drafting Patent Applications – including PCT International Application, PCT National Phase applications, filing, managing patent prosecution life cycle and patent maintenance.
VajraSoft Inc. is Master Class IP Solution provider, and its products won several Cloud awards including – UP Start Awards for Best Industry Application for 2012. Silicon India magazine listed VajraSoft Inc. as Top 100 Technology companies in US for 2013. VajraSoft Inc. is also Finalist of StartmeupHK Venture Program, conducted by the Govt. of Hong Kong and UP Start Cloud Award for Best BI / Analytics Application for 2013.