File a PCT application for an innovative product.
File a PCT application for your Patents Prototype Invention
Filing a PCT application can save time and reduce administrative burden when you plan to seek patent protection in multiple countries. However, a PCT filing should not be understood as a “worldwide patent,” nor does it guarantee that the invention will ultimately be granted as a patent. Below is a complete guide covering key topics related to the PCT system.
Who can file a PCT application?
You can file a PCT application if:
- You have filed an innovation (invention) with a patent office.
- No more than 12 months have passed since the filing date of your first patent application.
Steps to file a PCT application
- Filing the PCT application: You must submit the official PCT application form through the patent office in the country where you previously filed the product. Before submitting, make sure you: pay the required fees and review the form in a single language.
- Official prior art search: The international patent authority will commission a search to determine whether your proposal is truly novel.
- First international publication: Your PCT application will be published in the international patent disclosure records.
- Optional examination: You may request a more in-depth review of the prior search, focused on patentability in your target markets.
- National phase by country: You must choose the countries where your invention will be examined in order to pursue national patent protection in those territories.
How much does it cost to file a PCT application?
Filing a PCT application typically costs between $5,000 and $8,000. However, once you reach the examination stage in each country where you want to protect the invention, in addition to this PCT filing cost, you will also need to pay the official fees charged by the patent offices in the countries you select.
PCT filing cost vs. national patent filing costs by country.
PCT Procedure | Patent by Country |
Filing: $1,300 | Translation costs: between $500 and $1,000 |
Prior art search: between $400 and $2,000 | Filing fees: vary by country. |
Receiving Patent Office transmission fee: €200 | Patent Maintenance Fee by Country |
Patent Attorney or Consultant Fees. | Patent Attorney or Consultant Fees. |
What period of international protection does a PCT application provide?
A PCT application can provide a protection window of between 18 and 30 months. Keep in mind that a PCT filing is not a patent in itself, nor does filing it guarantee that the invention will be granted as a patent in the countries of interest.
PCT FAQ
Where can you file a PCT application?
You can file a PCT application through virtually any patent office worldwide. Just make sure you complete the official forms and pay the required fees before submitting.
What happens if you miss the deadline to file a PCT application?
In practice, there is no way to extend the official deadline to file a PCT application. However, if your invention includes new changes, you can file a new patent application with updated claims, which effectively restarts the PCT filing window.
Can you file a PCT application based on a utility model?
Yes, but the chances of success are very low. You should be aware that this will be the first time your innovation is evaluated by experts at the Patent Office.
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