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Why and How the PCT is Used - Advantages and Problems Michael J Caine Convenor - International Patents Committee The Institute of Patent and Trade Mark.

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Presentation on theme: "Why and How the PCT is Used - Advantages and Problems Michael J Caine Convenor - International Patents Committee The Institute of Patent and Trade Mark."— Presentation transcript:

1 Why and How the PCT is Used - Advantages and Problems Michael J Caine Convenor - International Patents Committee The Institute of Patent and Trade Mark Attorneys of Australia

2 ADVANTAGES Single filing procedure satisfies Convention deadline in many countries Costs are deferred Decision on countries deferred ISR and IPER assist decision to proceed Flexibility within IPE procedure Can be pursued in parallel to national protection

3 PROBLEMS No top-up searching No opportunity to obtain search reports from different ISAs No opportunity to formally contest WO of ISA No dialogue during IPE Lack of incentive to file Demand Increased workload for national offices

4 PROBLEMS cont Lack of quality control over search and examination Lack of central database for national phase entry problem for third parties Only provides for filing single specification

5 FUTURE International patent community should work towards changes which make the PCT – more user friendly for applicants – more useful for national offices – less problematic for third parties

6 Thank you Michael J Caine Convenor - International Patents Committee The Institute of Patent and Trade Mark Attorneys of Australia


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