Advantages of the Patent Cooperation Treaty (PCT) for Patent Agents in Developing Countries

First, the applicant has up to 18 months more than would be the case in a procedure outside the PCT, to reflect on the desirability of seeking protection in foreign countries, to appoint local patent agents in each foreign country, to prepare the necessary translations and to pay the national fees. And also the applicant is assured that, if the international application is in the form of prescribed by the PCT and has met the formal requirements; it cannot be rejected on formal grounds by designated office during the national phase of the processing of the application.

Secondly, on the basis of the international search report from the International Search Authority [ISA] or the written opinion, the applicant can evaluate with reasonable probability the chances of the patentability of the invention in the regions or countries where the patent is sought. The applicant has the possibility during the international preliminary examination to amend the international application with a view to put it in the order most beneficial to the applicant before proceeding by the designated offices.

Thirdly, the search and examination work of patent offices can be considerably reduced or virtually eliminated thanks to the international search report, the written opion and, where applicable, the international preliminary examination report that accompany the international application.

Since each international application is published together with an international search report, third parties are in a better position to formulate a well-founded opinion about the patentability of the claimed invention.

Lawyers in the USA

About the Author:

Senthil is a registered patent agent with Indian patent office. He has the right combination of Technology, Management and Intellectual Property. Senthil is also an Inventor in seven patent applications, in the area of Product Design, Instrumentation and Process control. And also I am running a patent blog http://indiapatents.blogspot.com. To know further about the advantages of PCT system, please read the article published at WIPO, Advantages of the Patent Cooperation Treaty (PCT) for Patent Agents in Developing Countries.

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