IP Conventions
Patent Cooperation Treaty
The PCT system came into effect in 1970 and is a patent 'filing' system, not a patent 'granting' system. The PCT system comprises of two stages, an international phase and a national/regional phase before designated offices. The international phase consists of filing the international application, an international search, international publication and an international preliminary examination. The decision on granting patents is taken by the national or regional offices during the national phase.
The PCT system streamlines patent application where protection is sought in multiple international countries. It imposes only one set of formalities to adhere to (instead of multiple national formalities) and results in only one international search, publication and examination. The 'national phase' is usually entered at 30 months (some States continue to apply a 20-month time limit subject to conditions), with translations and fees only being payable at this point if the applicant wishes to proceed. The World Intellectual Property Organisation (WIPO) administers the PCT system, and is based in Geneva, Switzerland.
Important note:
The comments in this section represent only a simplified summary of Intellectual Property and are not intended to be comprehensive. Professional advice should be sought in any particular instance as to the protection available.