"Patent
Co-Operation Treaty" means the patent co-operation
treaty done at washington on the 19th day of june 1970 as amended from
time to time. i.e. it is an agreement for international
co-operation in the field of patents . However, it is largely a treaty
for rationalization and co-operation with regard to the filing, searching
and examination of patent.
On 7th december 1998 India acceded to the paris convention and
patent co-operation treaty. sss
THE PCT SYSTEM
1. The system is a patent "filing" system,
not a patent "granting"
system. There is "No PCT Patent".
2. The system provides for
» an international phase comprising
a. Filing of the international application.
b. International search.
c . International publication.
» a National/regional phase before designated offices.
3. The decision on granting patents is taken exclusively by national or
regional offices in the national phase
4. Only inventors may be protected via the pct by applying for patents,
utility models and similar titles.
5. Design and trademark protection cannot be obtained via the PCT.
6. The PCT is administered by wipo as are other international conventions
in the field of industrial property, such as the paris convention.
THE REQUIREMENT FOR FILLING THE PCT APPLICATION
1.
The request, which includes
a. Petition.
b. The designation of the contracting states.
*
c. Name, address, nationality of inventor(s)
and applicant(s).
2. Description, drawings, claims and abstract.
3. Power of attorney
* List of the countries to claim priority, if
any, where the application/ applications for the grant of patent has/have
been filed along with date and application number.
The application must always be filed in a language, which is accepted
by the receiving office.
PCT TIMELINE
1. For international publication- 18 months from the date of filing of
application.
2. For international preliminary examination report- 28 months from the
date of filing of application.
3. 31 months for entry in to the national phase.
