Legal Definitions - PCT filing

A PCT filing refers to the act of submitting an international patent application under the Patent Cooperation Treaty (PCT).

The Patent Cooperation Treaty (PCT) is an international agreement that simplifies the process of seeking patent protection for an invention in many countries simultaneously. Instead of filing separate patent applications in each country where protection is desired, an inventor can file a single "international application" under the PCT.

The PCT filing date is the specific date on which this international application is submitted to a designated patent office. This date is critically important because it generally establishes the "priority date" for the invention across all countries designated in the application. This means that any subsequent national patent applications filed in those countries will be treated as if they were filed on this earlier PCT filing date, which helps protect the inventor's rights against later competing inventions.

Here are some examples to illustrate how a PCT filing works:

• Example 1: Global Tech Startup

  A small software startup in Silicon Valley develops a groundbreaking artificial intelligence algorithm. They plan to launch their product globally and anticipate needing patent protection in the United States, Europe, Japan, and China. Instead of preparing and filing four separate national patent applications immediately, they make a PCT filing. The date they submit this single international application becomes their PCT filing date. This allows them to secure an early priority date in all desired regions with one application, giving them up to 30 months to decide which specific countries to pursue national patent protection in, saving initial costs and time.

• Example 2: Independent Medical Device Inventor

  An independent inventor in Canada designs an innovative new surgical tool. She believes her invention has potential markets in Canada, the United States, and Australia, but she needs more time to secure funding and conduct market research before committing to expensive national patent applications. By making a PCT filing, she establishes a PCT filing date that protects her invention's priority across these countries. This gives her a crucial period to refine her business plan and decide which national patent offices to pursue, without losing her initial invention date.

• Example 3: Multinational Pharmaceutical Company

  A large pharmaceutical company based in Germany discovers a new chemical compound for treating a rare disease. They want to protect this invention in all major global markets, including the European Union, the United States, Brazil, India, and South Korea, as quickly and efficiently as possible. They opt for a PCT filing, which allows them to submit one comprehensive application covering all these territories. The date of this submission is their PCT filing date, ensuring that their invention's priority is established simultaneously across these diverse jurisdictions, streamlining their global patent strategy.