PCT

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PATENT CO-OPERATION TREATY

(PCT)
 It is an international treaty, administered by the World Intellectual Property Organization
(WIPO) that only provides access to member states of Paris Convention for the Protection of
Industrial Property.
 It is an international patent law treaty which provides an unified procedure for filing patent
application to protect inventions in each of its member states.
 The basic aim of the PCT was to simplify the procedure of obtaining patent protection in
several countries and provide a process to all its member states to sign agreements at an
international level through international applications.
 It provides for a system for filing applications and obtain multiple patents on the basis of a
single application.
History of PCT and India

 Washington Diplomatic Conference on the PCT took place on 25th May 1970 and it was
signed on 19th June 1970.
 The PCT came into force on 24th January 1978 initially with 18 members states.
 As of December 2022, there were 157 member states to the PCT.
 The first international applications under the PCT were filed on 1 st June 1978.
 The PCT was amended in 1979, and modified in 1984 and 2001.
 India joined the PCT in August 1998 by acceding to the Paris Convention on IP.
 The Indian Patent Office has been designated as the receiving office for applications under the
PCT.
Purpose and need for the PCT System

 To save effort, time, work and money for applications and national patent offices
 To increase the likelihood of granting deserving patents.
 To facilitate and accelerate access by the public to the technical information contained in documents describing
new inventions.
 To bring the world within reach.
 To remove major costs and provides users with additional time to consider their various Patent granting options.
 To provide a strong basis to the user for patenting decisions.
 It is effectively used by the world’s major corporations, universities, and research institutions when they seek
international patent protection.
 To provide an unified procedure to all the member countries to file patents, rather than filing them in every
country manually by their individual patent offices.
Application filing procedure

 Applications are filed in two phases, international and national.


 Initially a national patent application is filed in the home country of the applicant.
 Within 12 months from filing national patent application, a PCT application is to be filed with the receiving office
(RO) of the national or regional patent office OR directly with the RO of WIPO if permitted.

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