Frequently asked questions for pctfiler
On this page, you will find answers to the most common questions we receive from companies, universities, inventors and patent firms. If the answer you are looking for is not here, contact us and one of our IP professionals will be happy to help.
- What is included with pctfiler?
In short, everything to do with PCT national stage entry: there are no surprise charges, hidden fees or extras such as postage, photocopying or stationary charges. What we invoice you up front is the final amount you pay for national stage entry. We include any fees that are payable within three months of your instructions. For example, if an annuity is due within that three-month period, we will calculate its cost and invoice those charges at the same time.
In certain circumstances, late fees may apply. As an example, if you instruct us too close to a due date and there is not sufficient time to lodge an original document, such as a Power of Attorney or to prepare a translation. The amount varies per country, but it is typically $100-150.
Our pricing does not include any costs associated with prosecution or grant of the application in each country. However, we can provide a very rough guide to these post-national stage costs for a simple average case. Please contact us for more information.
- Is inovia a law firm?
No. Although a number of qualified patent attorneys and intellectual property (IP) professionals work at inovia, we are not a law firm. We offer foreign filing services to patent owners and attorney firms and are happy to answer questions on the PCT process, but we do not offer specific legal advice.
- Why are inovia's PCT national stage prices so much lower?
Our patented technology and internal processes have enabled us to streamline and automate many aspects of entering the PCT national stage. Because it takes us less time than anyone else to process your application, we can pass the reduced labor costs on to you.
Since we handle the national stage entry of more PCT applications than virtually every law firm in the world, we have a lot of bulk-buying power. We have used that to negotiate excellent rates with our foreign attorneys, and pass those savings on to you.
When using inovia you receive excellent service. Because we are highly efficient, you reap the financial benefits.
- Does inovia act for attorneys or applicants?
The short answer is both. Although we act for applicants directly, many of them need help with the prosecution after they have entered the national stage, so we encourage them to keep their local attorneys involved. 70% of our top 20 clients are attorneys and they comprise a large proportion of our 750+ clients. Attorneys with more than 10 PCTs per year can also access our wholesale prices through our Frequent Filer program. If you are an attorney, call us to find out how partnering with inovia can benefit you and your clients.
- How does inovia handle patent translations?
When it comes to foreign translations, we know that quality is paramount. We recognize that good translations cannot be automated and although we have managed to negotiate good translation rates, the cost is not as important as the quality.
For this reason, we carefully select our translators according to their expertise; native speakers of the selected country with experience in the relevant technical field prepare our translations. If a patent attorney does not prepare the translation, it will be formally reviewed by a qualified patent attorney to ensure its technical accuracy and the appropriate use of legal terminology.
- How does inovia handle Power of Attorney forms?
After receiving your instructions to enter the PCT national stage via the pctfiler online order tool, we will send you an email attaching any powers of attorney, assignments and other documents that require your signature. You need to print them out, have them signed and fax (or scan and email) them back to us. We will check that they have been completed properly, and then you will need to send the originals directly to each of the relevant foreign attorneys.
If you will be filing many applications through us in the future, we can arrange a general power of attorney for each country. Once this general power of attorney has been submitted, you will not need to sign powers of attorney for future cases. Please contact us if this option is of interest or if you would like more information.
- Do I have to use inovia's foreign agents?
Yes. For any country you order, we will file your case through an inovia agent and he or she will handle the prosecution on your behalf in that country. Please call us for more information on this topic.
- What about my local attorney?
We work with both patent owners and their attorneys, and are happy to receive instructions from either you or your representative. Either one of you can generate instant cost calculations or place orders using our simple online tools. The local attorney still represents you in all matters and procedures.
- Is using pctfiler safe?
We are a global company run by patent attorneys; the agents we use in various countries are all qualified and experienced patent attorneys. The combination of our expertise, technology and agent network make inovia’s services as safe as those of any patent attorney firm.
98% of our 750+ clients say they will use us again and we are more than happy to provide you with references from our current clients.
- Why do I have to pay upfront?
We have an upfront payment policy because of the high levels of government fees, foreign attorney fees and translation fees we need to incur on your behalf. Reduced credit risk and better cash flow also contribute to our ability to offer such competitive pricing. For this reason, we need to receive your funds in advance before we will instruct our agents to file your case.
Our patent attorney clients find that having the ability to accurately predict national stage filing costs gives them the opportunity to charge their clients in advance. This facility allows them to reduce their own credit risk when clients are slow to pay their national stage entry bills.
- What payment methods are available?
After receiving your order, we will give you invoices for your selected countries giving you precise totals of all costs in US dollars. You can then pay us either by wire, credit card or check. Please note that credit card payments incur an additional bank fee of 4%.
You should also note that some banks levy fees on transfers to overseas accounts. When wiring funds, please ensure that any fees levied by your bank (or any intermediate entity) are covered at your end, to avoid further inovia invoices.
- Who handles prosecution after entering the national stage?
Once the PCT national stage is complete, our foreign agents carry out the prosecution in their respective countries. All of our agents have been carefully selected according to their patent expertise and standards of customer service. Of course, your local attorney or in-house counsel continues to drive overall strategy.
A comprehensive list of our agents, including their areas of expertise, is available on our website.
- Does inovia handle amendments upon entry to the national stage?
Every country is different, but the short answer is yes.
Claim amendments in Europe, India and the USA are included as part of pctfiler and we allow claim amendments in most non-English speaking countries, but charge a fee to translate the amendments.
Charges may apply for making amendments at the PCT national stage in other countries. Often, it is better to wait until prosecution to make amendments.
If you are considering making any amendments at national stage entry, please contact us for more information.
- What about reciprocity?
We understand that many attorneys rely on incoming work from their foreign associates as an important part of their business. Most attorneys find that they receive work back from two or three major countries, but not from others. In order to retain these important links, some attorneys choose to use inovia for most countries, but instruct their contacts in the reciprocal countries the traditional way.
Call us to talk about how our flexible approach can benefit both you and your client.
- How does inovia deal with conflict of interest?
Entering the PCT national stage is essentially an administrative task, which does not require any substantive assessment of the subject matter of an application. We, therefore, never have to compare the validity of one patent against another or deal with competing interests between clients. Similarly, our agents perform an administrative role in filing the national stage applications. Using pctfiler to enter the PCT national stage is much like using a centralized patent renewals company and, as such, the issue of potential conflicts does not arise.
However, potential conflicts of interest can certainly arise during prosecution. Our agents will perform a conflict check at that time to confirm that they are free to act for you. If they have a conflict, they will help you to find another firm to handle the national prosecution.
