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There are two ways to obtain legal protection for an invention abroad, each suited to different circumstances. The first is by filing an application under the Paris Convention, and the second is by filing an international application under the Patent Cooperation Treaty (PCT).
What does filing a PCT application mean?
The Patent Cooperation Treaty allows an applicant to initiate patenting of an invention in almost any country in the world (158 member states as of April 2025) by filing a single international application (PCT application). It is important to note that a PCT application does not result in an “international patent”, as no patent is valid worldwide. Within 30 or 31 months from the priority date (depending on the country), the applicant must select national or regional offices where they wish to pursue protection. Each selected office will independently assess the application and decide whether to grant a patent in that country or region.
Advantages of a PCT application
At first glance, one might wonder whether filing an international application is worthwhile if further steps are still needed. However, a PCT application offers several key advantages:
One application for all countries
By filing one application with one receiving office, the application is considered simultaneously filed in all selected national/regional offices.
Extended timeframe for patenting
The PCT system significantly extends the timeframe for international patenting. Under the Paris Convention, applicants have only 12 months from the priority date to proceed abroad, whereas under the PCT, they have 30 or 31 months. This provides additional time to develop a patenting strategy, select countries for protection, and secure the necessary budget.
International search and preliminary examination
The applicant has the opportunity to review the most relevant documents contained in the international search report and written opinion of the international preliminary examination, which can be used to assess the patentability of the invention. If the claimed invention does not meet the patentability criteria, it is possible to amend the application during the international phase, reducing the risk and cost of objections later during national examinations. Moreover, positive international reports often influence national offices, leading to a faster and smoother grant process.
International patenting procedure under the PCT system
The PCT process is divided into two main stages: the international phase and the national/regional phase.
International phase
1. Filing an international PCT application
The application is filed with one of the Receiving Offices (ROs) or directly with the International Bureau of WIPO. If the application meets the formal requirements, the international filing date is established.
2. International search
The application is forwarded to the selected International Searching Authority (ISA) which issues a search report listing relevant prior art and a written opinion on patentability. If the results are not satisfactory, the applicant may amend the application. During the international phase, amendments to the claims may be made without paying additional fees.
3. International publication
Upon the expiration of 18 months from the priority date, the international application is published and all information about it becomes publicly available.
4. International Preliminary Examination (optional stage)
At the applicant's request, an international preliminary examination may be carried out to provide an additional assessment of patentability. At this stage, it is also possible to amend not only the claims but also the description of the application.
National/regional phase
Before the end of the 30 or 31-month period, the applicant must enter the national or regional phase by submitting the application to the desired offices. After that, each selected office conducts an examination and makes a decision on granting or refusing a patent in that jurisdiction.
If the applicant does not enter the national/regional phase, the application is considered never to have been filed in those jurisdictions.
When should a PCT application be filed?
As mentioned above, each of the possible ways of foreign patenting makes sense in a particular case. For example, it is advisable to file a PCT application if
- the applicant has not yet decided on the list of countries for patenting;
- the applicant needs additional time to secure funding or investors;
- it is necessary to make sure that the invention meets the patentability criteria and determine the chances of obtaining a patent abroad, etc.
MSP experts will be happy to provide comprehensive advice and services for filing international applications under the PCT system. You can contact us through any convenient communication channel.
We guarantee full confidentiality of all information obtained during the processing, registration, and maintenance of international patent applications.
