By filing an international patent application under the PCT, applicants can simultaneously apply for protection for an invention in a large number of countries. The Paris Convention was adopted in 1883 in Paris, France, and was the first major step in helping creators ensure that their intellectual works are protected in other countries. It applies to patents, trademarks, commercial designs, utility models, service marks, trade names, geographical indications and the fight against unfair competition. To date, more than 175 “countries of the Convention” – those who are members have signed the Paris Convention. Patents, utility models, industrial designs, utility models or industrial designs have a right of priority. The applicant for a right in country A may make the application a priority in country B, provided that he files an application for the same IP right within 12 months (patents and utility models) or six months (the Patent Cooperation Contract (PCT) is an international contract managed by the World Intellectual Property Organization (WIPO). The advantage of filing through the PCT is to streamline the procedure by simplifying and making filing simpler and more efficient in Member States or contracting states that have ratified the PCT. Under the PCT procedure, the applicant files a single application, which is used uniformly for several Member States, and indicates in the application the Member States in which he wishes patent protection. The applicant can reclaim priority on the date of filing the PCT application or the date of filing the initial application by claiming the priority of registration of the Paris Association. You then have 30 months (31 months in some countries) to enter the national phase in each country or region where you wish to obtain patents. Again, the advantage is to buy time, and in this case you have 2.5 years, even though the registration fee can be expensive. Another feature of the Paris Convention is that patents issued in different conventioned countries for which you file are independent of each other.
In addition, a patent issued by an agreement is not obliged to issue a patent in another country of the Convention. Similarly, a patent cannot be rejected, annulled or terminated in any country of the Convention on the grounds that it has been refused, cancelled or terminated in another country of the Agreement. The published international applications are available on PATENTSCOPE, one of WIPO`s global databases. This database also contains the patent documents of 60 participating offices that provide free access to more than 92 million technology publications. In a previous blog post, we talked about where you can file your patent first, in the U.S. or internationally. We will discuss this discussion here to discuss the application of two international treaties of which the United States is a member: the Treaty of Paris and the Treaty on Patent Cooperation (PCT). ePCT with strong authentication provides online access to your international application file and a set of features to facilitate monitoring and management during the international phase. The answer depends on your specific needs and resources. In general, the PCT procedure can be very expensive in advance.
If someone wants to patent in only a few countries and has a small budget, they might prefer to choose the Paris Convention. However, if someone wishes to file in many countries, it may be easier to use the PCT, since an international patent application can open up access to patent protection in 153 Member States. Be aware that the PCT process will result in higher costs in advance. The applicant must file the international patent application with the “required entity” for each Member State or choose the International Office (IB) as the “receiving office”. In the case of inventions made in the United States, an applicant must first obtain a foreign filing license for the filing of the international patent application in a Member State, although no foreign filing license is required for filing in the United States.