Many inventors wrongly think there is a worldwide patent. The closest thing is the Patent Cooperation Treaty (PCT) patent application system. The World Intellectual Property Office (WIPO) administers the application process. The process runs for 18 months, adding to the 12 months already provided by the provisional patent application (30 months total).
The reason why the PCT is not a true worldwide system is that it only provides an opinion, which is not binding. Also, at the end of the 30 months, the inventor needs to choose and lodge patent applications in each country of interest. These are called “National Phase” patent applications. National Phase applications could be lodged in say, for example, Australia, United States, Europe, Japan and Taiwan.
Once a National Phase application is lodged, it will be assessed according to the laws in that country. The Patent Office in each country will conduct their own searches, in addition to reviewing the search results and opinion of WIPO.
It can be quite possible that the eventual patents in each country have different scopes of protection. This is because some countries can be more stringent than others in their assessment of whether the concept is inventive. Examiner’s also vary in their technical experience, understanding of the invention, and it is a somewhat subjective task overall. There can also be language barriers which mask the inventive concepts similarity to other disclosures.
The main advantages of the PCT system are:
- An Official search is conducted – so you can identify if there’s anything close before you commit to the expensive cost of National Phase entry.
- An Official assessment is conducted – so you can see their view on novelty and inventive step.
- Official Amendments can be made – so you reduce the costs of making amendments in every single National Phase country.
- You delay your decision on which countries you are committing too – this delays costs and allows you more time to assess whether and which countries will provide the best opportunities for you. There are over 180 countries which are members of the PCT system.
Australian Patent and Trademark Services regularly lodge, manage and advise on International (PCT) applications. We also lodge trademark and design applications overseas for our clients.
Phone us today on 1300 138 802, or fill out our contact form for a quote.
