Intellectual Property FAQ’s
The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent Offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in a very large number of countries.
An Indian citizen can file a PCT application with the Indian Patent Office as the receiving office or with the International Bureau at Geneva directly. However, if the PCT application does not claim priority from an existing provisional/complete Indian patent application filed at least six weeks before filing the PCT application, then a Foreign Filing Permit (FFP) needs to be obtained from the Indian Patent Office.
The advantages of going through the PCT route arenn• The patent applicant has more time to decide the countries where he wants to file (30/31 months as opposed to 12 months, if he is filing directly in each of the countries); n• The patent applicant gets a comprehensive search report, which can serve as a guide as to the patentability of the invention; andn• The application can be fine tuned and modified to enable patentability during the examination phase.nnFiling a PCT application also provides cost and effort benefits with respect to filing an application in multiple countries. The PCT route is advised for clients, who are as yet unsure of their target countries. The PCT route is also advised for clients, who want to file the same patent application in more than three countries. n
By filing a PCT application, one may opt for getting protection for his/her invention in 152 countries which are known as PCT contracting states. The list of PCT contracting states are provided in the following link – http://www.wipo.int/pct/en/pct_contracting_states.htmln