Lexipedia - Process for the people

World Intellectual Property Organization

PCT Patent Application Process

• File provisional or non-provisional application in home country • Establishes priority date • Begin drafting PCT application

• File PCT application through receiving office • Must include: - Request form (PCT/RO/101) - Patent description - Claims - Drawings (if necessary) - Abstract - Filing fees

1. International Search Report (ISR) and Written Opinion - Issued by International Searching Authority (ISA) - Typically received within 16-18 months - Evaluates novelty, inventive step, industrial applicability

1. International Publication - Occurs at 18 months from priority date - Published on WIPO's PATENTSCOPE database
2. Optional Steps: - File Article 19 amendments responding to ISR - Request supplementary international search - File Chapter II Demand for international preliminary examination - Submit Article 34 amendments

• Choose target jurisdictions • File translations as required • Pay national/regional fees • Appoint local patent attorneys • Submit any amendments/arguments • Begin separate prosecution in each jurisdiction

• Monitor all deadlines carefully • Budget for substantial translation costs • Consider filing strategy based on commercial objectives • Evaluate prosecution costs in each jurisdiction • Maintain consistent claims across jurisdictions when possible

• International filing fees • Search fees (ISA dependent) • Handling fees • National phase entry fees • Translation costs • Attorney fees in each jurisdiction

• Track priority date carefully • Monitor 30/31-month deadlines for national phase • Consider expedited examination options • Plan for sequential office action responses