PCT System is a tool
which helps protecting Inventions abroad and based on the Patent Cooperation
Treaty (PCT). PCT is international treaty with more than 150 Contracting
States. This system makes it possible for patent owner to protect theirs
invention simultaneously in a large number of country by filing only one
international application instead of national or regional submitting, normally
through the support of IP attorney.
However, the patent is
granted under the control of national or regional patent offices via national
phase. The application when filing by this system is called PCT application.
The general PCT procedures includes: filing application; international search;
international publication; supplementary international search (optional);
international preliminary examination (optional); national phase.
PCT is widely used by
individuals and different organizations. Patent owner is entitled to file PCT
application if they are a national or resident of a PCT Contracting States. If
there are several applicants named in the international application, only one
of them needs to comply with this requirement. Also, the PCT application can be
filed, in most case, with national patent offices or directly with WIPO if
pursuant to national law.
One of the most
important matters which applicant notice is the time schedule when filing PCT
application. Normally, applicant will have up to 18 months from the time they
file their international patent application (or usually 30 months from the
filing date of the initial patent application of which they claim priority)
before they enter national phase with the separate procedures of each national
patent offices. Be noted that you always can ask for an early entry into the
national phase without waiting for the expiration of 30 months.
During the time period
of PCT process, the PCT application will be gone through an international
search which is the main search beside supplementary international search, by
International Searching Authorities which may be either a national office or an
intergovernmental organization, such as the International Patent Institute,
whose tasks include the establishing of documentary search reports on prior art
with respect to inventions which are the subject of applications, with the
result of an international search report. The report enable applicant to
evaluate the chances of obtaining patents in national phase. After that, the
application will be published or this step called International publication.
WIPO (World Intellectual Property Organization) publishes the international
application shortly after the expiration of 18 months from the priority date
together with the international search report on PATENTSCOPE. After the
international publication, applicant can also request for a second evaluation
of the potential patentability of the invention which is International
preliminary examination. This examination allows applicant to amend the
international application before entering the national phase. At the end of the
procedure, an international preliminary report on patentability will be issued.
This report give the opinion on the compliance with the international patentability
criteria of each of the claims which have been searched and an even stronger
basis on which to evaluate the chances of obtaining patents.
Finally, you may decide
to push your application go further when proceeding with national phase. From
that time, the procedures would comply with the national where it is elected or
designated.
For PCT registration in Vietnam, the patent attorney in Vietnam at ANT Lawyer will be of
help for advisory, and filing with National Office of Intellectual Property in
Vietnam.
