1. The Smart Patenting Solution
1) What is the PCT?
2) Why use the PCT?
3) Virtual tour of PCT Operations Division
The Smart Patenting Solution

2. What is the PCT? The PCT features: simple procedure single application
economical patent protection
The PCT is mainly a procedural international treaty, that makes it easier to obtain international patent protection.
More specifically, it establishes a procedure for the filing and processing of a single application for a patent, which has legal effect in the all countries which are Treaty members.

3. Who is it for? The PCT is used by: applicants inventors patent offices
The PCT’s simplified procedure is used to obtain patent protection in many countries for it is more efficient and economical for:
(1) users of the patent system (applicants and inventors); and
(2) patent Offices

4. PCT Contracting States
(18 on 28 January 1978)
Since 1970, membership of the PCT has grown from 18 to ...

5. PCT Contracting States
(126 on 1 April 2005)
124 Contracting States

6. PCT Membership
The PCT includes members from all States in different levels of development

7. The PCT System Here is an outline of how the PCT System operates.
Here is an outline of how the PCT System operates.
An international application often begins with the filing of a local application, typically in the home country of the applicant ...
File local
application
(months)

8. The PCT System 12
The PCT application is filed in same national patent office - within 12 months.
For the PCT application, the applicant pays one set of fees, files in one language, and complies with one set of formality requirements. This application has legal effect in all PCT Contracting States.
File PCT
application
(months)

9. The PCT System 12 16
16 months: International search report & written opinion:
This is a report on the state of the art (prior art documents and their relevance) plus an opinion of the patentability of the invention.
Receive international
search report & written opinion
(months)

10. The PCT System International publication 12 16 1812 16 18
18 months: International Publication:
Disclosing to the world the content of the application in a standardized way
(months)

11. File demand for international
The PCT System 12 16 18 22
22 months (optional): the applicant may file a demand for International Preliminary Examination:
This is a request for an additional analysis of patentability
(optional)
File demand for international
preliminary
examination
(months)

12. The PCT System 12 16 18 22 28
28 months (optional) Receive international preliminary report on patentability:
The applicant will receive the additional analysis of patentability which is designed to assist in national phase decision-making
(optional)
Receive international
preliminary report on patentability
(months)

13. The PCT System Enter national phase 12 16 18 22 28 3012 16 18 22 28 30
30 months: Enter National Phase:
Only now, at 30 months does the applicant have to decide in which states to continue and pursue the granting of a national patent
(months)

14. Why use the PCT? PCT applicants:
are well-informed about their chances of obtaining a patent before they spend time and resources on any national application
The PCT:
provides a strong basis for patenting decisions
PCT applicants choose the PCT because it:
- Postpones the major costs associated with making patent applications in several countries
- Possessing and evaluating the important information received during the international phase, the applicant has a strong basis on which to decide whether or not it makes sense to proceed towards obtaining a patent...
Then, if applicants decide to move forward in their pursuit of national and/or regional patents, they do so having been well-informed about their realistic possibilities for obtaining a patent, and are not required to move forward without such information, as is the case under the traditional patent system

15. What are those large initial costs?
The traditional patenting system features:
translation fees
local patent Office fees
local patent agent’s fees
The large initial costs under the traditional patent system are:
1) Translations of patent applications (which are highly technical documents) into various national languages
2) Local patent Office fees to national/regional patent offices (for example, filing fees, claims fees, etc.)
3) Fees for the services of local patent agents/attorneys in the designated states

16. When are these costs incurred?

17. Traditional patent system
vs.
PCT system
Traditional patent system
The following, outlines the advantages of delaying fee payment using the PCT.
PCT system

18. Traditional patent system File local application
vs.
PCT system
Traditional patent system 12
File local application
As you can see, under the traditional patent system fees must be paid 12 months after the national application is filed.
File applications abroad 12
PCT system

19. Traditional patent system vs. PCT system
Pay fees for:
translations, patent Office and patent agents
Traditional patent system 12
File local application
Under the PCT system these large costs are postponed and the applicants can be working on:
--further technical development and testing of the invention;
--finding global partners, arranging financing, manufacturing licenses, partnerships, etc
File applications abroad 12
PCT system

20. Traditional patent system vs. PCT system
Pay fees for:
translations, patent Office and patent agents
Traditional patent system 12
File local application
As you can see, PCT users have 18 months more time to prepare for and make those significant payments than users of the traditional patent system.
File applications abroad 12 30
PCT system
Enter national
phase

21. Traditional patent system vs. PCT system
Pay fees for:
translations, patent Office and patent agents
Traditional patent system 12
File local application
PCT users
- postpone payment of fees and
- receive important information about the potential patentability of the invention which is most valuable for the applicant
Pay fees for:
translations, patent Office and patent agents
File applications abroad 12 30
PCT system
Enter national
phase

22. The PCT is used throughout the world by corporations, universities and research institutions
Philips Electronics (NL)
Siemens (DE)
Sony (JP)
Procter & Gamble (US)
University of California (US)
Unilever (GB/NL)
Matsushita Electric Industrial (JP)
Council of Scientific and Industrial Research (CSIR) (IN)
LG Electronics (KR)
Samsung (KR)
The PCT is used throughout the world by corporations, universities and research institutions and it is because of the increasing use of the PCT by these organizations (and the value they find in it) …...

23. …. that the PCT has experienced astonishing growth

24. Developing Countries: Top 15 Filers in 2004

25. The Office of the PCT 121,264 applications filed in 2004
Taking up over 1.8 km of shelving space
Processed by less than 500 employees
In 2003, the PCT received some 115,000 PCT applications. This excludes the X0,000 pending applications - so - during 2003 the Office handled some XX0,OOO applications along with XX million pages in supporting documentation.
Clearly, the International Bureau has to process a significant volume of documentation within strict deadlines.
To do this efficiently, the International Bureau needs not only competent, flexible staff who possess the variety of skills needed, but also new technology to move this volume of documentation in an efficient and timely manner.

26. Processing International Applications at the International Bureau
Receipt of applications and related documents
Data capture
Formality examination and issuing notifications to applicants and national and regional Offices
PCT Publication
Communication of documents to designated and elected Offices (national phase)
The International Bureau receives international applications and supporting documentation. The International Bureau has a PCT Receiving Office where applicants, either nationals or residents of any Contacting State may file their international applications.
In the first half of 2004, the Receiving Office received 882 electronic filings using PCT-SAFE representing 24% per cent of all filings.

27. New developments in the PCT
Paper-less filing of international applications
Electronic dossier
PCT Communication System (COR)
Electronic Document Interchange
The PCT will make further progress towards the complete paper-less receipt and electronic processing of international applications and their related documents using new electronic tools such as:
the Electronic dossier
PCT Communication System (COR) and
Electronic Document Exchange
…..Thank you

28. The Smart Patenting Solution
1) What is the PCT?
2) Why use the PCT?
3) Virtual tour of PCT Operations Division
The Smart Patenting Solution