What is a PCT application?

What is a PCT application?

A Patent Cooperation Treaty application is a single utility patent filing that gives you international patent-pending status. By itself, the PCT application does not automatically give you foreign patent rights. It only starts the journey. Ultimately, you must follow through with filing individual patent applications in desired countries at a later time called the national phase. Nonetheless, a PCT application is a useful streamlined way to keep the option for foreign patent rights while deferring costs.

The Patent Cooperation Treaty is an internationally recognized system for initiating worldwide utility patent coverage with a single filing. Under the PCT, an applicant can file one international patent application with a qualified Receiving Office (such as the USPTO) and designate multiple member PCT countries for coverage. A PCT application delays the deadline for individual national filings. It buys you time and keeps your foreign filing options open.

Need to file an international PCT patent application? Contact Vic at vlin@icaplaw.com or call (949) 223-9623 to request a flat rate cost estimate for filing your PCT application.

Will a PCT application directly result in an issued patent?

No, a PCT application is by nature a temporary placeholder. It serves as a delay mechanism to buy more time before entering the national stage of each desired member country. In that respect, a PCT application is similar to an option contract in the financial world.

A PCT application merely starts the foreign filing process. Do not assume that you have already obtained foreign patents by simply filing a PCT application. Filing a PCT application means you are merely patent-pending internationally. You can almost think of a PCT application as a provisional application for worldwide protection in the sense that you must follow through with subsequent filings in order to obtain granted patents.

To illustrate, suppose you begin the patent process with a single utility patent application in the US.  Keep in mind that you must file your US application prior to any public disclosures to safely reserve the right to seek foreign patent protection. Here’s a helpful utility patent timeline.

This initial US filing triggers a 1-year deadline for filing any foreign applications in order to claim the priority date (i.e., the original filing date) of your earlier US filing. Without the PCT, you would have to file multiple applications (i.e., one in each desired country) at this one-year anniversary in order to make the priority claim. That can be a potentially significant outlay of cash at an early stage of the concept.

How the PCT delay works

By filing a single PCT application, you may designate any or all of the member PCT countries, thereby postponing the deadline for entering the national phase until 30 months from the priority date (certain PCT countries have a 31-month national phase deadline). With a single filing that costs a few thousand dollars, you are buying an option that adds 18 months to the foreign filing deadline (i.e., from 12 months to 30 months).

PCT National Phase Timeline
PCT National Phase Timeline

The additional 18-19 months may be crucial for you to raise capital or monetize your invention. You may even decide that the invention is not worthy of protection in so many foreign countries, in which case you would have only spent a few thousand dollars to gain the extra time to come to this conclusion. Without the PCT application, you would be forced to decide to spend tens of thousands of dollars at the 12-month deadline only to realize later that it was not worth it.

Is a Power of Attorney required for a PCT application?

If the Receiving Office is the USPTO, then a power of attorney is not required as the appointment of an agent may be effected in the PCT Request form [MPEP 1807].

Entering the national stage of PCT countries

At the national stage deadline (typically 30 or 31 months from the priority date), you must file a national stage application in each desired foreign country. The initial stage filings may require a significant outlay of cash. Initial filings that require translation tend to cost more. Here are our firm’s rough estimates of initial national stage filings. Keep in mind that each country or region may charge annual taxes (aka “annuities”) for keeping the application alive.

When is the national stage deadline?

PCT member countries have either a 30-month or 31-month national stage deadline. Here’s a list of the national stage time limits. Our firm prefers to err on the side of caution and regard the earlier 30-month date as the national stage deadline.

Some notable foreign IP offices that have 31-month deadlines include Australia,  European Patent Office (EPO), India and S. Korea, among others.

What about non-member countries?

While most developed countries are members of the PCT, you still need to be aware of those that aren’t (e.g., Taiwan) in case you desire to seek patent protection in those regions. Non-member countries have a foreign filing deadline that is 12 months from the priority date.

Why not file a PCT patent application?

While the PCT is a helpful tool, it may not be for everyone. For example, as you approach the 12-month deadline from your initial patent filing, you might realize that you wish to seek patent protection in only one or two other foreign countries. If you are certain that you do not want to reserve the option to file in additional countries, then you can simply choose to file direct applications in your desired countries by the one-year anniversary. It is also possible that the only foreign countries that you care about are not members of the PCT (e.g., Taiwan).  Consult with your patent attorney to formulate a strategy that makes sense.

How much does a PCT application cost?

For a US applicant, expect a PCT application to cost between $3,500 to $4,500. There are no additional government fees for designating all PCT member countries, so you might as well designate them all.

Need foreign patent protection?

Our patent attorneys are well versed in PCT and foreign filings. We also work with an extensive network of IP firms in Europe, Asia and Latin America. Email patent attorney Vic Lin or call (949) 223-9623 to see how we can assist in your international patent application.

For helpful IP resources, check out my recommendations.

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Frenda Williams
Frenda Williams
2023-02-21
I have had the pleasure of working with Vic and his team at Innovation Capital Law Group on Trademark creation and contracts. As a solo and non-tech founder, the assistance, guidance and recommendations from Vic and his team have been INVALUABLE. And, with the knowledge that I have a Solid, well versed and caring legal team I can turn to, I have the confidence I need to navigate the intricacies of the tech industry as a solo founder. With that being said, If you’re a startup and you’re looking for a legal team that speaks your language, knows the industry and makes you feel like family…. Innovation Capital Law Group is a Perfect fit for you, your company and your team. Five out of Five Stars… don’t let their brilliance blind you 😁
Shiwei Liu
Shiwei Liu
2023-02-20
Excellent service and quick response. Lots of informative documents on its website.
Chang Chien Michael
Chang Chien Michael
2023-02-20
I have worked with iCap for more than 7 years. I am very glad with his professional knowledge that 7 utility patents were granted by USPTO. Vic and his team are very efficient and knowledgeable. Every time he can transcribe my design idea perfectly in two weeks and file it with no rejection from USPTO. The other service including the granted patent following up is always in time to remind me to take actions. That is why I still stick on iCap as my first priority when I want to file a US patent.
Mats Johansson
Mats Johansson
2023-02-20
We have been happy client for 10+ years. Awesome Patent Law Firm!
Hanson Chang
Hanson Chang
2023-02-16
Glad to write a review for Innovation Capital Law Group. We previously worked with a big law firm (2200 employees) on our patents, and decided to shift over to Innovation Capital. It was a great decision, this team got our patents done faster, more effectively, at a lower cost, and with broader claims. Win all around
Genevieve Springer
Genevieve Springer
2022-09-09
Clear, discernible tools and strategies couched within a business conceived from a genuine interest in doing right by founders.
InPlay Inc
InPlay Inc
2022-06-30
Vic and his team have been providing us with the best patent application experiences we could ever have in our entire career life! Their professionalism and technical knowledge have really saved us a lot of communication effort and time on the applications. Definitely highly recommend if anyone is looking for help with IP protection for their business.
Meg Crowley
Meg Crowley
2022-03-05
After working with Vic and his team at Innovation Capital Law Group, our organization is confident our trademarks were solid and protected. Thank you team.
Andy Dong
Andy Dong
2022-02-28
I have been using Innovation Capital Law Group for a few years and continue to use them. They have provided an excellent services on our legal issues including intellectual properties and patents . They are very responsive, easy to work with and very competent . I highly recommend them.

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