PCT Patent – Overview
The PCT Patent Application is fundamentally about ensuring protection for an inventor’s intellectual property internationally. The increasing fluidity with which information traverses national lines necessitates a comprehensive license that only the PCT Patent can afford.
If an individual’s invention seems to hold global appeal and intellectual property theft from international arena is a concern, it is highly advisory to determine one’s legal options from the outset and pursue the appropriate course of action. As globalization continues and non-material information based technology becomes increasingly prevalent, and thus susceptible to theft, a PCT Patent is simply a must. Read More →
PCT Patent Process
Fundamentally, the process of filing a PCT patent application is largely determined by the individual’s particular circumstances. It is important to recognize that there are four primary starting points from which a person might be embarking when applying for a PCT patent application. First, the individual might already have a pending provisional patent and decides that it would be beneficial to gain international protection. Secondly, the inventor may have a regular U.S Patent application on file and he/she determines that he would also like to extend his coverage internationally. Third, the individual might have a foreign application on file and would like to get international patent protection with the PCT. Finally, the inventor is starting brand new and immediately recognizes the immense importance and benefits of acquiring international patent protection. Of course, depending on the inventor’s history and circumstances, the process may be slightly different. Read More →
PCT Patent – Protection Offered
In recent years, inventors have increasingly sought to acquire intellectual property protection both domestically and internationally. In order to facilitate this seemingly complex process, a Patent Cooperation Treaty, or PCT, was established amongst international bodies and is administered by the World Intellectual Patent Organization. Indeed, a PCT application is honored in over 100 countries throughout the world and offers full protection within each of those countries.
PCT Patent Application – When Do I Need One?
It is crucially important for an inventor to capitalize on his brilliance and maximize the exposure his/her invention may receive in the global marketplace. Great ideas are of course often universally applicable and it is quite possible that foreigners will be as enticed and enchanted with the invention as consumers in the United States. If you feel that your invention holds this international appeal or are concerned with the possibility that an individual abroad may copy your idea, it is highly advisable to proceed with a PCT Patent application. Notably, while the PCT is often associated with large research based universities and corporations, small to medium sized businesses and individual inventors are progressively seeking PCT patent protection.
PCT International Search
New and innovative ideas are consistently and continuously generated globally. While the actual number of these ideas that have been submitted along with a patent application is limited, a tremendous number of applications have never the less been filed. Additionally, even if there is no formal recognition of certain inventions throughout international patent offices, many ideas may very well be documented in research journals or other academic catalogues. Read More →
PCT Patent Application – Goals and Benefits
The PCT Patent provides 30 months of international protection (in the member countries) starting from the priority date. Simply, if it is based on an earlier application, then the date of the earlier application is the priority date. For example, if an individual already has a provisional application, the inventor has 30 months from the priority date of the provisional.
The PCT grants the inventor the capacity to identify and choose which member countries he would like to file his application. In fact, he has an invaluable full 30 months to decide.
The inventor receives within 17 months of the priority date a written search report identifying prior art that relates to the individual’s invention. In laymen’s terms, the individual gets an earlier indication regarding the viability of the patent. It answers the fundamental question of whether or not the invention is actually patentable. However, the conclusions of the search report are not binding on a national level. Each country gets to decide for them if they want to accept to recommendations of the report. Read More →
PCT Patent Application – Priority Date
New and innovative ideas are consistently and continuously generated globally. While the actual number of these ideas that have been submitted along with a patent application is limited, a tremendous number of applications have never the less been filed. Additionally, even if there is no formal recognition of certain inventions throughout international patent offices, many ideas may very well be documented in research journals or other academic catalogues.
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Howard M. Cohn & Associates has extensive and varied experience in all aspects of Intellectual Property law, with a unique specialty in patent and trademark preparation and prosecution. Schedule an appointment or call us at 800-613-1067.