PCT stands for “Patent Cooperation Treaty,” which is an international treaty that simplifies the process of seeking patent protection in multiple countries. Through the PCT, an applicant can file a single international patent application that is recognized by over 150 contracting states.
It is NOT a International Patent
A PCT application would not give rise to an international patent - that is, a patent that can be enforced everywhere in the world. However, while the PCT application does not result in such an international patent, it does allow inventors to delay and streamline the process of entering the national phase in different countries. This gives applicants more time to assess the commercial viability of their invention in various regions before incurring the costs associated with individual national filings.
In order for a PCT application to eventually become a patent, you must follow through with filing individual patent applications in specific countries at a later time (usually around 30-month after the earliest priority) called the national phase.
Why should you file a PCT Application?
An alternative to filing through the PCT is to file directly in each specific country. However, with direct filing, you must submit individual patent applications in each country no later than 12 months from the earliest priority date (usually your first provisional application). This means that within a year, you must decide on the scope of global protection you want (i.e., where you want to file) and whether you are prepared to make the significant investment required in these jurisdictions. Sometimes, additional time may be needed to make such a strategic decision.
And a PCT application provides you the additional time by delaying the timing for such strategic decision to another 1.5 years, that is, 30 months from the earliest priority date. You don't need to worry about which countries you need to file the patent application. Neither do you need to worry about the cost until another 1.5 years later. In simple words, it buys you time and keeps your foreign filing options open. The extra time can be critical for raising capital or monetizing your invention. During this time, you may decide that protecting the invention in numerous foreign countries isn’t necessary. In that case, you would have only invested a few thousand dollars to gain valuable time to reach this decision.
What is the PCT application process?
Filing a PCT application is just the starting point. After you filed your PCT application, it provides a patent-pending status internationally and you must follow through with subsequent filings in order to obtain patents in specific countries.
A typical timeline for filing a PCT application is outlined below. Generally, within 12 months of the first priority filing, you submit the PCT application and/or other direct foreign filings outside the PCT route. By the 30-month deadline, you must enter the national phase, meaning you file the patent application in the specific jurisdictions of your choice.
If you don’t enter the national phase at the 30-month deadline, your PCT application will expire, and you will lose the opportunity to seek patent protection in the countries. This means you will no longer have the option to pursue patents in the specific countries based on that PCT application, potentially leaving your invention unprotected in those regions.
Countries that are not covered by PCT
Note that not every country in the world is a member of the PCT. There are about 40 countries which are not members of the PCT. For example, Argentina and Taiwan are not members. Therefore, you cannot file a PCT application and then try to enter national phase in those countries. For these jurisdictions, you will need to file the patent application directly at the 12-month foreign filing deadline.
When to Not file a PCT application?
A PCT application is cost-efficient if you plan to file in multiple countries. However, if you are only filing in one or two countries, it may be more practical to file directly—unless you want the additional time buffer to reassess your strategy. Additionally, if the countries you are targeting are not PCT members, you will need to file directly in those jurisdictions.
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