BASIC CONCEPTS UNDER THE PCT

BASIC CONCEPTS UNDER THE PCT
BASIC CONCEPTS UNDER THE PCT

A PCT application designates 152 contracting states (as of 9/3/2017) to which the applicant has the liberty to proceed with a national phase application. A PCT application allows multiple non-simultaneous national entries, meaning that the applicant can choose where to file a national phase application as well as when to file it.

The international phase can be extended to 30 months or 33 months as in the case of Turkey and therefore provides an extended amount of time following the international filing date for commercialization of the invention to compensate for the burden of the budget in relation with national phase entries. The applicant can dynamically monitor market conditions to update the list of elected states for filing national entries and can have a chance to reconsider market positions in various countries/regions until the end of the allowed 30-month term. A PCT application not timely nationalized will typically consume any rights to proceed with grant proceedings.

The applicant, depending on the severity of the findings of the International Searching Authority (ISA) in the International Search Report (ISR), can file a demand accompanied with amendments under Article 34 PCT for obtaining an International Preliminary Report on Patentability (IPRP). It is also possible to file PCT Article 19 amendments before the International Bureau, The demand should be filed at the latest up to the end of the 22nd month from the earliest priority date.

The prominent advantage of a demand is that the applicant is allowed to amend his application to meet patentability criteria before the end of the international phase, which would otherwise require more effort during parallel proceedings before different national examination authorities because substantive law issues are needed to be addressed separately before each national phase authority.

No renewal fees are to be paid during the international phase, but such fees are levied by national/regional authorities and payable upon entry into national/regional phases as calculated from the international filing date.