The document discusses the World Intellectual Property Organization (WIPO) and the Patent Cooperation Treaty (PCT) application process. WIPO was created to promote and protect intellectual property globally. The PCT provides a unified procedure for filing patent applications across contracting states. To file a PCT application, an applicant must first file a priority application in their country within 12 months. They then file the international PCT application. After international search and preliminary examination, applicants enter national phase in selected contracting states within 30 or 31 months for examination and grant.

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PCT Patent Application
Myths and Facts
Bindu Sharma
IPR in Business
Presented by:-

2. World Intellectual Property
Organization (WIPO)
• WIPO was created to promote and protect
intellectual property (IP) across the world
by cooperating with countries as well as
international organizations.
• It began operations on 26 April 1970 when
the convention entered into force.
• Headquartered in Geneva, Switzerland

3. Role of WIPO
• Improve IP protection all over the world
and harmonize national legislation
• Signing international agreements on IP
protection
• Extending technical & legal assistance in
the area of intellectual property
• Conducting research on various aspects
of IP
• Ensuring the proper facilitation of the
International Intellectual Property (IP)
protection.

4. Patent Cooperation Treaty (PCT)
• Concluded in 1970
• Unified procedure for filing patent
applications to protect inventions in
each of its contracting states
• International application or PCT
application.

5. Steps to file PCT
application
• Claim date of priority by filing in
your country (Provisional or
complete application)
• Within 12 months from the earliest
filing or date of priority, you may file
PCT application
• PCT application may be filed online

6. Date of Priority
PCT application
International search
report and written
opinion
National Phase in
Countries you choose
from PCT contracting
states12 months
30 or 31 months
International Phase
National Phase

7. International Search Authority
• AT Austrian Patent Office
• AU Australian Patent Office
• BR National Institute of Industrial Property (Brazil)
• CA Canadian Intellectual Property Office
• CL National Institute of Industrial Property of Chile
• CN China National Intellectual Property
Administration (CNIPA)
• EG Egyptian Patent Office
• EP European Patent Office (EPO)
• ES Spanish Patent and Trademark Office
• FI Finnish Patent and Registration Office (PRH)
• IL Israel Patent Office
• IN Indian Patent Office
• JP Japan Patent Office
• ATKR Korean Intellectual Property Office
• PH Intellectual Property Office of the Philippines
• RU Federal Service for Intellectual Property, Patents
and Trademarks (Russian Federation)
• SE Swedish Intellectual Property Office (PRV)
• SG Intellectual Property Office of Singapore
• TR Turkish Patent and Trademark Office
• UA State Intellectual Property Service of Ukraine
• US United States Patent and Trademark Office
(USPTO)
• XN Nordic Patent Institute
• XV Visegrad Patent Institute

8. Advantages of filing
PCT application
• Unified platform
• Hassel free
• Gives additional time
• Search report helps in taking decision

9. Fee for filing PCT application
• International filing fee
• Search fee which can vary depending
on the ISA chosen
• A transmittal fee which varies
depending on the receiving Office

11. PCT is a patent filing
platform and does not
grant patents
1

12. PCT application does not give global
protection.
You get patent protection only after
you file PCT national phase
application in the countries out of
contracting states of PCT and your
patent is granted in such countries.
2

13. Indian Patent Agent is qualified
to file your PCT application
3

14. PCT National Phase shall be
filed in the countries where
you want patent protection
4

15. By filing PCT application,
national phase application
can only be filed in PCT
contracting states
5

16. PCT national phase filing
fee is independent of PCT
filing fee
6

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