PCT is the abbreviation of Patent Cooperation Treaty, which is an international treaty about patents. According to the provisions of PCT, patent applicants can submit international patent applications through PCT, and apply for patents to many countries (currently 148 countries). PCT patent application is divided into international stage and national stage. The international phase consists of international acceptance, international search, international publication, preliminary examination and other steps. After the international stage of international search, international disclosure and international preliminary examination (if required), the patent applicant shall go through the procedures for entering the national phase.
A PCT patent application has to go through two stages: international stage and national stage. The international application should be examined in the international phase, and then in the national phase. The filing of general application, international search and international preliminary examination are completed in the international phase, while the work of whether to grant patent right is completed in the national phase by the designated International Bureau of WIPO.
1. What are the application documents for PCT application?
A: when submitting PCT application, the documents to be submitted include: request, description, claims, abstract, attached drawings, if the application involves amino acid / nucleotide sequence, it should also include amino acid / nucleotide sequence list, power of attorney, etc.
2. If the PCT is successfully patented, it will be disclosed and protected in the designated contracting state, and will not be protected if it is not disclosed in the non designated contracting state?
A: (1) the PCT application is published internationally by the International Bureau within 18 months from the priority date. Therefore, there is no case that the PCT application is made public in some countries and not in some countries.
(2) According to the revised rules in 2004, all designated countries are automatically designated when PCT applications are submitted. Unless some designated countries are specifically excluded after the international application is submitted, PCT application enjoys the legal effect of general national application in all designated countries from the date of international application.
(3) PCT is only a patent application process, not a patent granting process. The final authorization decision is made by the designated bureaus. Therefore, only when authorized by the designated bureau can the patent right be protected.