The Patent Cooperation Treaty is also known as PCT. It is an international agreement which helps inventors to simplify the process of patent filing and seek patent protection for an invention in multiple countries by just filing one single application.
For an inventor who is working in India, the PCT provides a streamlined pathway to protect his invention globally. It is specially much beneficial for startups, small businesses and individual investors who are aiming to launch their product in global markets. In this article on how the Patent Cooperation Treaty benefits the Indian inventors, we are going to discuss about various way the Patent Cooperation Treaty benefits the inventors and how they can use this treaty to protect their inventions internationally.
What is the Patent Cooperation Treaty?
The Patent Cooperation Treaty (PCT) is a treaty done between multiple countries and administered by the World Intellectual Property Organisation, which is also known as WIPO. This treaty allows the inventors to file a single international patent application which can be recognised by multiple countries. The PCT simplifies the patent filing process and reduce the time, money and effort required to seek the patent protection in different countries jurisdictions.
History of Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty was established in 1970 under the administration of the World Intellectual Property Organisation to make the simple process of taking patent protection in multiple countries by just filing one single application. This treaty came into effect in 1978 and at that time, there were just 18 member States who were the members of this treaty, but after some time, its significance grew very fast, and many other countries recognised the need for PCT to handle international patent applications. The focus of PCT has been to reduce the complexity and cost involved in patent filing across the jurisdictions of different states over the years. Different countries started joining this treaty and almost 150 countries are part of PCT, which are using this treaty as an essential tool to protect the inventions of the inventors and business owners who were looking to protect their inventions globally. This treaty is a major milestone in global Intellectual Property Management, which is helping till now to protect their invention worldwide.
How does Patent Cooperation Treaty (PCT) work?
The Patent Cooperation Treaty (PCT) allows the applicant or inventor to file a single international patent application instead of filing different applications in each country where he wants to take the protection for his invention. The PCT process is divided into two different phases, the international phase and the national phase. Let’s discuss each phase of PCT.
International Phase
This is the first phase of PCT in which the inventors file a single international application, which is assessed through an International Search Authority. This International Search Authority provides a report on the prior art relate to the invention. This phase also included as an optional International Preliminary Examination to check the patentability of the invention which is going to be filed. This phase will help the inventor to get an idea of where his patent application can be patented because every country has there different laws related to the patentability of an invention.
National Phase
After the international phase of PCT, the inventor must enter the national phase within 30 months by filing a patent application in each country where protection is desired by him. Each national patent office will then examine his application according to their laws and grant or deny the patent based on their laws.
Benefits of PCT for inventors
There are lots of benefits provided by the PCT to the inventors, so let’s discuss each benefit so that you have the better understanding of this topic.
Simplified filing process
The Patent Cooperation Treaty has simplified the whole filing process of patent applications in multiple countries. Now inventors don’t need to follow the complex filing process to file patent applications in different countries. With the help of PCT, the inventor can file a single patent application, which will be recognised by all the PCT member states.
Cost-effectiveness
For an inventor, filing a patent application in multiple countries can be expensive. The PCT provides the cost-saving benefits by allowing all the inventors to differ the high costs associated with national filings under the PCT. The national phase is started after 30 months from the date of filing the patent application. This time gives the time to check the commercial potential of his invention before meeting significant financial resources to the national filing.
Also, the International Search Report provide the bare idea to the inventors about their patent and whether there is any chance of grant or not. It saves the time and money of the Inventor and this report also helps the Inventor to identify where he can seek the protection.
Extended time to make decision
The PCT offers a long time frame for inventors so that they can decide in which country they want to seek the protection for their invention. This time period is 30 months and in this time period, the inventor can evaluate the market conditions and secure the fundings while exploring the Patent Licensing opportunities as well.
Search Report and Preliminary Examination
When an inventor uses the PCT system for filing his patent application, the PCT system includes an International Search Report (ISR) and an optional International Preliminary Examination Report (IPER). These reports provide the inventor valuable information about his invention, whether it is patentable or not. the ISR identifies the relevant prior art related to the invention, whereas the IPER offers an opinion on whether the invention is meeting the patent criteria or not.
Global Market Expansion
As we already discussed that there are over 150 member countries in the PCT, so it could be the best option for an inventor to explore the international market for his invention. The companies who are looking to expand their business internationally, obtaining a patent for their invention in multiple country is important to prevent their invention from the competitors so that their competitors could not copy their invention. Also, in case if the person wants to do the licensing of the patent, it can also be done easily.
Protection against patent infringement
As we know that the patent is the legal right, which is provided by the government to a person, and after the grant, the person can exclude others from making, using, selling or importing that invention without his prior permission. With the help of PCT, the inventor can secure his patent in multiple countries and if any of the competitors tries to make, use, or sell his invention, then he has a right to file an infringement suit against that infringer.
Increased attractiveness to investors
Investors love to invest in businesses which have secured their Intellectual Property Rights. The Patent Cooperation Treaty helps the new Startups and Small Businesses by providing them global protection for their inventions. It will help the startups or small businesses to gain the investors.
Encouraging Innovation in India
The Patent Cooperation Treaty is playing a very important role in fostering innovation in India and other countries as well. The PCT is providing a streamlined process to get international patent protection. This treaty encourages the inventors to develop new technology and inventions with the confidence that they can protect their inventions in multiple countries without any hurdles. This international patent protection boosts the invention ecosystem in every country by making it easier for filing and grant.
Conclusion
In the present time, the competition for filing a patent application is increasing day by day, and protecting intellectual property in the global market is essential for every startup, business owner and individual as well. The Patent Cooperation Treaty offers the best solution to everyone who wants to obtain a patent internationally by taking the advantage of benefits provided by the PCT. The inventors can focus on their inventions and expand their businesses globally with the help of this treaty. I hope now you have a clear vision about the PCT. If you have any doubts or questions related to this topic, you can comment so that we can discuss further.