Patent Law

The Need

The Patent Cooperation Treaty (PCT) is an international treaty that allows a patent applicant to file a single patent application that is recognized internationally and that, with appropriate processing, can mature into a patent in virtually every industrialized country in the world. The PCT provides applicants with several distinct advantages, including a single international search report that indicates whether or not the invention is considered to be patentable. Additionally, a PCT application allows an applicant to wait up to 30 months before making the final decision on where in the world patent protection is desired. Essentially, a PCT application reserves the right to pursue a patent in virtually every industrialized country in the world while delaying the onset of the heaviest costs of patenting (e.g., translation fees, filing fees) until an innovation's value and potential market can be better appreciated.

The Service

A PCT application is similar in some respects to a U.S. patent application and generally contains the same type of information. However, PCT applications are different in various respects, and the procedures for filing them are quite different. After consultation with a client, a PCT application may be filed either as a first patent application for an innovation or, more commonly, based upon a prior U.S. patent application that has been filed.