Filing a turnkey PCT international application
The international patent cooperation treaty was named PCT. It allows you to acquire international protection for a specific patent, but at the same time eliminates the need to separately apply to a number of countries, providing a single filing system for all participating countries.
When a patent is registered internationally under the PCT system, one should initially take into account the peculiarities of the examination of the countries of destination, and lay this basic application, otherwise there is a high probability of being refused registration.
International registration under the PCT takes place in 2 stages: the international phase (the application is filed with the international office) and the nationalization phase, when the countries in which protection is sought are separated from the international application. An important point is that the transition to the national phase is carried out only through patent attorneys in the country of destination.
International PCT Application - Walkthrough
The PCT is also known as the Patent Cooperation Treaty. Thanks to him, the process of obtaining legal protection for an invention or other object of patent law in a number of countries is simplified and facilitated.
To obtain a patent under the PCT system, you need:
- Prepare all documents and submit them to the receiving agency. In the Russian Federation, it will be Rospatent.
- Pass a formal examination at Rospatent.
- Then one copy of the application (at the choice of the applicant) is sent to the International Searching Authority or to WIPO
- After 1.5 years, the international publication of the application takes place.
- After 20 months, there is a transition to the national phase of patenting - you specify the countries in which protection is sought
The process can seem like a hassle. However, this is just an external impression. In reality, the procedure is very simplified compared to how many documents you will need to prepare if you decide to submit such an application yourself. In such a case, there will be no uniform standards: you will have to take into account the peculiarities of national legislation, office work, certify a complete package of documents each time, etc.
What should be considered about the application?
Registration of the application is carried out in one of the international languages. When describing an intellectual property object, it is very important to adhere to standard terminology, which will allow you to quickly convey a thought to those who will study the relevant documentation.
If you have never gone through such a procedure before, it is best to seek the help of lawyers. It is desirable that experienced professionals be able to walk through all the weak points. This will reduce the risk that you will be refused even at the stage of formal examination.
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Entrepreneur, co-owner of several companies. He is the author of patents, computer programs, understands the technical intricacies of patents and the legal aspects of their protection. In matters of intellectual property, he understands from a practical point of view - the profit that can be obtained from the rights to patents, trademarks, copyrights.
Inventor, carries out professional activities in the field of protection and protection of intellectual property since 2004 - patent attorney of the Russian Federation No. 1232 from 23.05.2008, field of activity: inventions, utility models, industrial designs.
Leading specialist in the international registration of trademarks under the Madrid Protocol in non-CIS countries, as well as direct registration of trademarks in the CIS countries. For more than 9 years she has been engaged in the registration of trademarks both in the Russia and abroad.
She has extensive practical experience in registering difficult trademarks and solving related legal issues.
Author of over 20 scientific papers. He has extensive experience in the implementation and protection of R&D results, a specialist in the development and protection of exclusive rights to computer programs. In 2009 he defended his thesis for the degree of candidate of technical sciences.