What is a Patent Cooperation Treaty (PCT) application?

A Patent Cooperation Treaty (PCT) application is a type of intellectual property protection used by inventors in Mississippi and around the world. It is designed to simplify and speed up the process of obtaining patent protection for an invention in different countries. A PCT application is typically filed with the United States Patent and Trademark Office (USPTO) or an “international authority” which is usually the World Intellectual Property Organization (WIPO). The international authority reviews the PCT application and publishes it in the WIPO’s “PatentScope” database. In Mississippi, individuals who are that foreign nationals, domiciled or having a place of business in the state can file a PCT application directly with the USPTO. It is important for patent applicants to note that filing a PCT application does not guarantee patent protection in Mississippi or any other country. Instead, it allows the applicant to preserve the filing date of the patent application and gives the applicant additional time to conduct research and officially file their patent application in any other countries that they may wish to pursue patent protection. Once the patent application is published, applicants have the opportunity to further refine and develop their invention and then file for patent protection in the other countries during the “National Phase” which is typically 30 months from the international filing date. This can be done either directly or through a foreign attorney.

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