Legal Definitions - PCT

The Patent Cooperation Treaty (PCT) is an international agreement designed to simplify and streamline the process for inventors and companies seeking patent protection for their inventions in multiple countries simultaneously.

Instead of filing separate patent applications in each country where protection is desired, an applicant can file a single "international application" under the PCT. This single application has the effect of a national application in all designated PCT member countries, providing a unified starting point and delaying the significant costs associated with filing and prosecuting individual national patent applications.

Here are some examples of how the PCT works in practice:

• Example 1: An Individual Inventor
  Imagine an independent inventor in Canada develops a groundbreaking new material for lightweight, durable sporting equipment. They believe this material has global market potential and want to protect their invention in the United States, Europe, Japan, and Australia.

  How the PCT applies: Instead of immediately hiring patent attorneys in four different regions to file separate national applications, the inventor can file one PCT international application through the Canadian Intellectual Property Office. This single filing establishes an official filing date that is recognized in all designated PCT member countries, giving the inventor up to 30 or 31 months (depending on the country) to decide in which specific countries to pursue national patent protection. This valuable time allows them to secure funding, conduct market research, and refine their business strategy before committing to the higher costs of national phase entry.

• Example 2: A Biotechnology Startup
  A small biotechnology company based in Germany discovers a novel compound with potential applications as a new drug. They are still in early-stage clinical trials but anticipate needing patent protection in major pharmaceutical markets like the US, China, India, and several European countries.

  How the PCT applies: The startup files a PCT application for their compound. This allows them to secure an early priority date across all these key markets with a single, relatively inexpensive filing. Over the subsequent months, as their research progresses and they seek investment, they can strategically decide which specific countries offer the best commercial prospects and then proceed with individual national patent applications in those chosen countries, leveraging their initial PCT filing date.

• Example 3: A University Research Department
  A university's engineering department invents a new type of sensor for monitoring environmental pollutants. The university's technology transfer office believes this invention has broad applicability and wants to license it to companies worldwide.

  How the PCT applies: The university files a PCT application for the sensor technology. This provides a cost-effective way to establish potential patent rights in numerous countries without immediately incurring the high costs of filing and prosecuting individual national applications. It gives the university time to market the invention to potential licensees globally. Once a licensee is found, they can then decide which specific countries to pursue patent protection in, utilizing the initial PCT application as the foundation for their national filings.