The PCT process
Note: What follows is, by nature, a very general overview of what can be a complicated process. Patent attorneys have considerably more knowledge about the process than can be summarized here. Please take this as a basic overview of a simple application.
To pursue patent protection around the world, you usually start by filing a patent application in the country where you live (your home country). This application is known as the priority application and the date it is filed is the priority date.
The protection offered by a patent is geographically limited. For example, a US patent gives you rights only in the USA. So a very common way of pursuing patent rights outside your home country is to file an international-type patent application called a PCT Application within 12 months of your initial filing. A PCT application is generally filed with your home country’s patent office, but reserves your right to enter over 130 countries that are members of the Patent Co-operation Treaty (PCT).
While it is international in nature, a PCT application does not lead to a global patent (there is no such thing). Instead, you eventually need to apply for patents in all the specific countries and regions where you wish to pursue patent protection. This involves filing separate national applications within 30 months (31 months in some countries) of the priority date. This process of converting a single PCT application into individual national patent applications is called PCT national stage entry or entering the national stage.
PCT national stage entry
National stage entry is the step in the patent process in which pctfiler can help.
Each PCT country or region has a unique set of fees and translation requirements. Depending on the countries you choose, you may need to have your patent specification translated into several languages.
Compared with the technical expertise required to draft a patent application, entering the national stage is relatively simple. However, national entry takes time and deadlines can rarely be extended.
For an explanation of how inovia IP professionals can help you through the national stage process, read about our pctfiler or call the inovia office nearest you.
After you have entered the PCT national stage
Once you enter the PCT national stage, your patent application will be examined (in some countries you need to explicitly request the examination process; in others, it happens automatically). Typically, the patent office issues an examination report (sometimes called an office action), which will point out inventions (prior art) that are similar to the invention for which you are seeking patent protection. You and your foreign attorney will then need to respond to the examination report by explaining how your invention differs from the closest prior art.
It is not until you resolve all of the examiner’s objections – often over a series of examination reports and replies – that your patent will be allowed. This exchange of correspondence between your foreign attorney and the national patent offices is known as patent prosecution.
Once your patent has been allowed, it will pass through a grant procedure which may involve additional formalities and charges. In general, all that remains after that is to keep your patent protected by paying maintenance fees, which are also known as annuities or renewals.
