An international patent application can be filed through Patent Cooperation Treaty (PCT). PCT provides a streamlined process for filing patent applications in multiple countries through a single international application. A PCT application allows inventors to take a decision on global filing over a period of 30 or 31 months.

Key Features of an International Application (PCT Application):

  • Single Application: Instead of filing separate applications in each country, a single PCT application can be filed. This application enters the national phase in the desired countries over a period of 30 or31 months after the initial international phase.
  • International Search and Preliminary Examination: After filing the PCT application, it undergoes an international search by an authorized International Searching Authority (ISA). ISA provides an International Search Report (ISR) and a written opinion on patentability. There is a provision to request an optional International Preliminary Examination (IPE), which provides further insights into the patentability of the invention.
  • Extended Timeline: The PCT process provides up to 30 or 31 months (depending on the country) from the priority date to enter the national phase. This gives inventors additional time to evaluate their invention’s commercial viability and choose where to seek protection, and also manage their finances.
  • National Phase: After the international phase, the application enters the national phase, where it is processed according to the laws of each chosen country. Each country or region will then examine the application according to its own patent laws.

A PCT application includes:

  • Title: The title must be clear and concise accurately reflecting the invention.
  • Field of the Invention: This should provide context and describe the technical area to which the invention pertains.
  • Abstract: A brief summary of the invention highlighting its key features and technical aspects.
  • Description: The invention must be described in detail, including its structure, function, and method of operation. It should include various embodiments, examples, and preferred modes of carrying out the invention.
  • Claims: Claims define the scope of the invention. Hence, the claims should be carefully constructed to cover the novel aspects of the invention that are supported by the description. The claims should be written in a manner such that there is scope for potential amendments during the subsequent national phase.
  • Drawings: Drawings and diagrams are often included to clarify complex aspects. These illustrate the invention and are referenced throughout the detailed description to enhance understanding.