Answer By law4u team
The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO). It allows inventors to file a single patent application that can later be pursued in multiple member countries. The PCT system helps simplify the process of seeking international patent protection, reduce duplication of effort, and provide applicants with more time to evaluate their invention’s commercial potential. The PCT process is divided into two main stages: the international phase and the national (or regional) phase. International Phase The international phase begins as soon as a PCT application is filed. This phase is largely administrative and preliminary. Its primary purpose is to allow the applicant to assess the patentability of the invention and decide in which countries to pursue patent protection. During this phase, the applicant submits a single international application with a Receiving Office in any PCT member country. After submission, an International Searching Authority (ISA) conducts a search to identify prior art relevant to the invention. Based on this search, the applicant receives an International Search Report (ISR) and a written opinion on the patentability of the invention. Around 18 months from the priority date, the application is published by WIPO, making the invention publicly available. The international phase also allows the applicant to request an International Preliminary Examination, which provides a detailed opinion on patentability before entering the national phase. Importantly, the international phase does not grant patents. Its main benefit is to give the applicant time—up to 30 months from the priority date—to evaluate the invention, assess commercial viability, and choose which countries to pursue patent protection in. National (or Regional) Phase The national phase begins when the applicant decides to pursue patent protection in specific countries or regions. This phase is where patents are actually examined and granted according to the local laws of each jurisdiction. To enter the national phase, the applicant must submit their application to the relevant national or regional patent office, usually within 30 months from the priority date. During this phase, each office examines the application according to its own patent laws, which includes formal and substantive examination, payment of fees, and sometimes translation of the application into the local language. Only in the national phase can a patent be granted and enforced. A patent granted in one country does not automatically provide protection in other countries, so the applicant must pursue the national phase in each jurisdiction where protection is desired. Costs are generally higher in this phase because of fees, translations, and attorney services. Key Differences in Narrative Form The international phase is mainly about preparation, evaluation, and publication. It involves a single filing, an international search for prior art, and optional preliminary examination. No patent rights are granted during this phase. Its purpose is to give the applicant information about patentability and more time to decide in which countries to seek protection. The national phase, on the other hand, is when the patent is examined and can be granted in each selected country. It requires compliance with local patent laws, payment of fees, and may involve translations. Only after the national phase can the patent become enforceable in a specific country. In short, the international phase is for assessment and strategy, while the national phase is for legal enforcement and protection.
