What Is The Patent Cooperation Treaty? 

The Patent Cooperation Treaty (PCT) is an international agreement for filing international patent applications in participating member countries. An inventor can file a single international patent application in one language with one patent office to simultaneously seek protection for an invention in multiple participating countries.  A list of participating member countries can be found on the World Intellectual Property Organization (WIPO) website. A patent will prevent another from practicing your invention and provides you the exclusive control over how to make, use and offer to sell/license your invention. Through the PCT, our international patent attorneys can assist you in seeking international  patent protection for your inventions. For more information on  the Patent Cooperation Treaty and PCT, timelines see our  Overview of the Patent Cooperation Treaty Patent Application Process  web page.

When To File An International Patent Application? 

An international application under the Patent Cooperation Treaty must be filed within twelve months after the filing of the utility patent application directed to the same subject matter so that priority may be claimed to the utility patent application. However, suppose an international application intends to rely on the filing date of a provisional patent application, then the foreign filing date is typically the twelve months of the provisional patent application and not the utility patent application. PCT Article 11 specifies the elements required for an international application to be accorded an international filing date. Our patent lawyers represent clients in patent prosecuting and patent infringement throughout the United States, including the U.S. District Court's for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas. 

The timelines for filing a Patent Cooperation Treaty (PCT) application typically follow a structured process:

1. Priority Date: The PCT application can be filed within 12 months of the priority date, which is usually the filing date of the first patent application filed in any member country of the PCT.
2. International Phase: After filing the PCT application, there is an international phase lasting 30 months from the priority date. During this phase, the application undergoes an international search and may undergo a preliminary examination.
3. Publication: The international application is typically published 18 months from the priority date, unless the applicant requests early publication.
4. National Phase Entry: Following the international phase, the applicant must enter the national phase in each desired country within 30 or 31 months from the priority date, depending on the country's rules.
5. National Phase Prosecution: Once in the national phase, the application proceeds under the laws and procedures of each selected country, where additional examination, amendments, and responses may be required.

Texas Patent Cooperation Treaty (PCT) Lawyers

Wilson Legal Group offers expert guidance in navigating the Patent Cooperation Treaty (PCT) process, ensuring seamless international patent protection for clients' innovations. As experienced PCT attorneys, we streamline the complex procedures involved in filing PCT applications, coordinating with global patent offices, and managing deadlines. By partnering with our firm for PCT filings, clients gain access to a network of skilled professionals adept at securing patent rights worldwide. The benefits of entrusting PCT filings to Wilson Legal Group include enhanced global market access, simplified patent prosecution procedures, strengthened intellectual property portfolios, and strategic guidance for maximizing international patent protection.