Patent Cooperation Treaty (PCT) Applications

There is no such thing as an international patent but the Patent Cooperation Treaty (PCT) process provides a way for applicants to obtain patent protection in countries outside their country of residence. A PCT application is sometimes called an “international application” because almost all of the countries in the world have agreed to the PCT format and rules for applications so that they are accepted as a national or regional patent application in these counties. Publicly disclosing an invention before filing a patent application can be a catastrophic mistake for those seeking patent protection outside the U.S. because most countries do not have a grace period for filing a patent application as we have here in the U.S.

The laws and rules governing patent examination and granting of patents is not identical in all countries. Consequently, writing a patent application for multiple jurisdictions requires more skill and knowledge than writing an application for patent only in the U.S. It is not uncommon for patent applications drafted by U.S. patent practitioners to run into problems that prevent patents from being granted in other countries. The same is true for patent applications drafted by foreign patent practitioners seeking patent protection in the U.S. Knowledge of foreign patent practice may be a consideration when selecting a patent professional if the PCT process is a part of your patent strategy.