What is a Patent Cooperation Treaty (PCT) application?

A Patent Cooperation Treaty (PCT) application is an international patent application filed at the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, and is recognized by countries that are members of the PCT. It is an effective and convenient way to seek patent protection for inventions in many countries around the world. In South Dakota, the PCT application process begins with filing an international (PCT) application at the WIPO. After filing, the application is examined and published by WIPO. Then, the applicant can designate countries in which to seek patent protection, which must be done within a certain time frame. After the specified time has passed, the applicant must file a national application with each designated country’s patent office in order to continue the patent application process. The advantages of filing a PCT application include cost savings due to only needing to prepare one application that is accepted by multiple countries, and obtaining more time to assess where to seek patent coverage. Additionally, the PCT application preserves the priority date, which is the date the PCT application is filed. This allows the applicant to claim priority in other countries and allow the claims to retain the initial filing date. Filing a PCT application can help protect an invention in many countries and provide inventors with peace of mind. In South Dakota, it is necessary to use great care in understanding the PCT process, and contact a patent professional or local patent office to assist you with the details of the process.

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