Intellectual Property is a creation or outcome of the combination of capital and human labour, by human mind, human intellectual. So, when a person created a thing using his labour and mind, he is sole owner of the creation as expressed in jurisprudence.
In order to give motivation for further findings as well as securing his creation from others disturbance, certain exclusive rights were given to the creator viz patent, copyright, etc. Patent is a right given to the inventor, to exploit his invention commercially.
In order to obtain such right the inventor need to carry out certain procedures like filing application, disclosure, etc. one way of applying for patent can be done under PCT.
What is PCT ?
PCT (Patent Cooperation Treaty) is an international treaty, where nearly 150 countries are member to the treaty. PCT application is a boon for the inventors who want to get protection in multiple countries. PCT is just like a post office, if you want to send a post to multiple designations you can just post with address, similarly if the patent application want be filed in multiple countries can do through the channel of PCT through an international application.
Procedure of PCT Application Filing:
In order to get protection in multiple countries, no need to file applications in each country individually, under the PCT can file an international application to the national office or regional office or WIPO with respect to the PCT procedures and regulations.
Once the application filed in the national or regional will go to the WIPO for further procedures. The application filed can be with one language and one set of fee.
After the filing, the International Searching Authorities (ISA) will search for the published documents and available technical literature (prior art) respect to the subject claimed in the application and will make a non-binding written opinion on concerning patentability of the invention. The report will be send to the applicant, to which he has a choice to withdraw the application or he can amend the application. And also he have option to approach Supplementary International Searching Authorities (SISA) within 19 months, by which an additional search will made by expertise on such field, into the specified documents, which results in more specific opinion over the patentability which may reduce the likelihood documents or unnecessary which affecting patentability.
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In case any amendment made by the applicant, the amended documents will put on to the same procedure. And the applicant also can request for the preliminary examination, which will be conducted by the International Preliminary Examining Authorities (IPEA), the result will be again non-binding opinion. The basic benefit of examination will be an additional and stronger opinion on the matter of potential patentability of the invention.
Once complied with all PCT procedures before the expiry of 30 months from the prior date, the applicant can approach the respective national offices, and can get patent with respect to the law and procedure of the state. And the time limit of 30 months is for the transmission, translation of patent to the respective language of the state, and to do other procedures.
The major advantage of applying under the PCT is that once the procedure of PCT was complied, the application can’t be rejected on formal grounds by the national offices. And also the applicant have much time to work on the invention. From the reports of the PCT authorities can easily find out the possibility of the patentability of the invention, and the same gives third party to formulate their opinion.
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