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A Brief on Patent Cooperation Authority

Courtesy/By: Joanna Lisa Mathias | 2021-01-17 16:26     Views : 214

The Patent Cooperation Treaty (PCT) is a treaty signed in 1970 under international patent law. To defend inventions in each of its contracting states, it provides a single system for filing patent applications. A foreign application, or PCT application, is a patent application filed under the PCT. The Patent Cooperation Treaty (PCT) makes it possible, through the filing of a 'universal' patent application, to concurrently obtain patent protection for an invention in a large number of countries. Anyone who is a national or citizen of a PCT Contracting State can file such an application. It can, as a general rule, be filed with the national patent office of the Contracting State of residence or nationality of the applicant or, at the choice of the applicant, with the International Bureau of WIPO in Geneva. A single PCT application is filed in one language with the Receiving Office (RO). The search is then carried out by the International Searching Authority (ISA) and is accompanied by a written opinion on the patentability of the invention to which the application relates. Optionally, a preliminary review carried out by the International Preliminary Investigating Authority is followed by a preliminary examination (IPEA). Finally, matters relating to the review of the application (if provided for by national law) and the issuance of the patent are handled by the relevant national or regional authorities. Residents or nationals can file an international application with  – the Indian Patent Office at Delhi, Chennai, Mumbai or Kolkata as the Receiving Office (RO/IN) or – the International Bureau of WIPO as the Receiving Office (RO/IB). The fees to be paid are Transmittal fee, International Filing Fee and Search fee. These fees need to be paid within one month from the date of receipt of the international application. Few of the world's patent offices have been listed as an International Searching Authority and an International Preliminary Examining Authority under the PCT by WIPO. The Indian Patent Office began working as an ISA/IPEA on October 15, 2013. Applications for the grant of patents can be submitted before the national (or regional) patent offices of the countries in which patent protection is obtained after the conclusion of the PCT process, either after the international search or after the international preliminary review and before 30/31 months from the priority date. The international application shall be issued by WIPO along with the International Search Report after the expiry date of 18 months from the priority date of the application. For the issuance of a patent in India, before the expiry of 31 months from the priority date of the application, the applicant must file a national phase application in India. In India, the corresponding submission is considered to be the foreign application as filed under the PCT.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Joanna Lisa Mathias | 2021-01-17 16:26