The
PCT is an international treaty with more than 145 Contracting States. The PCT
makes it possible to seek patent protection for an invention simultaneously
in a large number of countries by filing a single “international” patent
application instead of filing several separate national or regional
patent applications. The granting of patents remains under the control of the national
or regional patent Offices in what is called the “national phase”.
In
general terms, your international patent application, provided that
it complies with the minimum requirements for obtaining an international filing
date, has the effect of a national patent application (and
certain regional patent applications) in or for all PCT Contracting
States. Moreover, if you comply with certain formal requirements set out in the
Treaty and Regulations, which are binding on all of the PCT Contracting States,
subsequent adaptation to varying national (or regional) formal requirements
(and the cost associated therewith) will not be necessary.
Who
has the right to file an international
patent application under the PCT?
You
are entitled to file an international patent application if
you are a national or resident of a PCT Contracting State. If there are several
applicants named in the international application, only one of them needs to
comply with this requirement.
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