Prosecution of a Patent Cooperation Treaty (PCT) application begins with the filing of the international application, passes through international examination, and eventually enters the national or regional phases.

Key stages in PCT application prosecution:

PCT

 

  • Filing the PCT Application: The process starts with the filing of a PCT application with the International Bureau (IB) or a receiving office of preference. This application includes the request form, description, claims, abstract, and drawings.
  • International Search:
    • International Search Report (ISR): The International Searching Authority (ISA) conducts a search to identify relevant prior art. The ISA prepares the International Search Report (ISR) and a Written Opinion on the patentability of the invention.
    • Written Opinion: The Written Opinion provides an initial assessment of the invention’s novelty, inventive step, and industrial applicability.
    • International Publication: The PCT application is published by the International Bureau (IB) typically 18 months from the priority date. The publication includes the ISR, the Written Opinion, and the application documents.
    • Optional Supplementary International Examination: In some cases, applicants may request a Supplementary International Examination (SIE) to address specific issues raised in the ISR or Written Opinion. This step is optional and depends on the jurisdiction.
    • International Preliminary Examination (optional):
    • Demand for Preliminary Examination: Applicants can optionally file a demand for international preliminary examination with the International Preliminary Examining Authority (IPEA) within 22 months from the priority date. This examination provides a more detailed assessment of the invention’s patentability.
    • International Preliminary Report on Patentability (IPRP): The IPEA issues an International Preliminary Report on Patentability (IPRP), which provides an in-depth evaluation of the application’s claims.
  • National or Regional Phase Entry: The applicant must enter the national or regional phase by filing the application with individual patent offices in the desired countries within 30 or 31 months from the priority date. Each office then conducts its examination process according to local patent laws.
  • National or Regional Examination and Grant:
    • Examination: The national or regional patent offices perform their own examination based on the local patent laws. This includes reviewing the application for compliance with local requirements and assessing patentability.
    • Grant: If the application meets all requirements, the national or regional patent office grants the patent and publishes it as per its procedures.