Frequently Asked Questions (FAQ) about the Patent Cooperation Treaty (PCT)


1. What is a PCT Patent Application?

A Patent Cooperation Treaty (PCT) patent application is an international patent application filed under the PCT. The treaty is administered by the World Intellectual Property Organization (WIPO) and simplifies the process of seeking patent protection in multiple countries and regional Patent Offices such as the European Patent Office. Through a single, standardized application, applicants can request protection in up to 158 PCT contracting states.


2. What are the features of a PCT Patent Application?

  • Centralized Filing: The application is filed with a Receiving Office, either the applicant's national patent office or the WIPO called the International Bureau.  Instead of filing separate patent applications in each country, a single PCT application can be filed with a single patent office, known as a "receiving office," within 12 months of their first local patent application filing.  This single PCT application will delay filing in other countries up to 30 or 31 months from the priority filing date.
  • Priority Date: The PCT application claims priority from an earlier national or regional patent application, establishing a unified effective filing date across all PCT contracting states.
  • International Search: A designated International Searching Authority (ISA) reviews prior art, issues a search report, and provides a written opinion regarding the patentability of the invention.
  • International Publication: Approximately 18 months from the priority date, WIPO publishes the application, making it available to the public and visible to potential licensees.
  • National Phase Entry: To obtain patent rights, the applicant must enter the national or regional phase in the chosen jurisdictions. This is typically required within 30 or 31 months from the priority date.


3. What are the key steps of the PCT process?

The PCT process includes: Filing and Establishing a Priority Date, then the International Search and Written Opinion, followed by the International Publication by WIPO, and lastly the National Phase Entry within 30 or 31 months. Failure to meet the National Phase Entry deadline may result in loss of protection in that jurisdiction.


4. Are there any countries that are not signatories to the Patent Cooperation Treaty (PCT)?

Most industrialized countries are participants to the PCT however, there are some countries like Taiwan, Pakistan and Argentina that are not. If patent protection in those countries is important, please contact us to discuss options that are available such as filing under the Paris Convention. 



Frequently Asked Questions (FAQ) about  National Phase Entry


1. What is National Phase Entry?

National Phase Entry is the process of filing a patent application in individual countries or regions after the Patent Cooperation Treaty (PCT) application's international phase. This allows applicants to pursue patent protection in specific countries.


2. What is the deadline for National Phase Entry?

Applicants must generally enter the national or regional phase within 30 or 31 months from the priority date, based on an earlier-filed national or regional application, or by the PCT application. Noncompliance with the prescribed deadline may result in the termination or invalidation of protection within the relevant jurisdiction.


3. What documentation is required for National Phase Entry of a PCT Application?

The documentation required to perform the National Phase Entry of a PCT (Patent Cooperation Treaty) application includes:

  • PCT application number: The unique identifier assigned to your PCT application.
  • International Filing Date: The date on which the PCT application was filed with WIPO.
  • Priority Date: The earliest filing date of a related national or regional patent application.
  • International Patent Classification (IPC) symbols: The IPC symbols assigned to your invention by the International Searching Authority (ISA).
  • International Search Report (ISR): A report prepared by the ISA that identifies relevant prior art related to your invention.
  • Written Opinion: An opinion on the patentability of your invention provided by the ISA.
  • International Preliminary Examination Report (IPER): If you requested and received a preliminary examination, the IPER will be required.
  • PCT Publication Number: The publication number assigned to your PCT application after its publication by WIPO.
  • Amendments (if any): If you submitted any amendments during the international phase, these will be required.
  • Translation of the application: Depending on the national or regional patent office, a translation of your application into the local language may be necessary.

Our firm can handle this process on your behalf, ensuring a smooth transition into the National Phase Entry of your PCT application.


4. How do I choose the countries where I should file my patent application?

Selecting the countries where you may file your patent application largely depends on your business goals, target markets, and budget. Here are some factors to consider when making this decision:

  • Market potential: Identify countries where there is a significant market for your invention or where you plan to expand your business in the future. Filing patents in these countries can help protect your market share and deter potential infringers.
  • Competitor activity: Research where your competitors are filing patents or have a strong market presence. Filing in these countries can help maintain your competitive edge and safeguard your invention. Additionally, if you have adjacent technology to your competitor, securing patent protection may open the door to potential licensing opportunities.
  • Manufacturing and outsourcing: If you plan to manufacture your invention or outsource production to a specific country, consider filing for patent protection in those countries to safeguard your intellectual property.
  • Licensing opportunities: Assess countries where potential licensing partners or investors are located. Filing patents in these countries can increase your negotiating power and attract potential partners or investors.
  • Enforcement and legal frameworks: Consider the strength of each country's patent protection laws and the ease of enforcing your patent rights. Prioritize countries with robust patent protection and effective enforcement mechanisms.
  • Cost: Patent filing and maintenance costs can vary significantly between countries. Balance the potential benefits of obtaining patent protection in a specific country with the associated costs.
  • International agreements: Some regional patent systems, such as the European Patent Office (EPO) or the African Regional Intellectual Property Organization (ARIPO), cover multiple countries with a single patent application, potentially reducing costs and administrative burdens.

We can help you review these factors and develop a tailored filing strategy that aligns with your business and investment objectives.


5. Many countries that are part of the Patent Cooperation Treaty (PCT) have a standard 30-month deadline for National Phase Entry. 

Here is a list of some of the countries with a 30-month deadline:

  • Brazil
  • Canada
  • China
  • Israel
  • Japan
  • Mexico
  • Singapore
  • Taiwan
  • United States of America

Some countries have extended deadlines or allow for additional time under certain circumstances. It is essential to verify the specific requirements for each country in which you intend to file for patent protection.


6. Several countries under the Patent Cooperation Treaty (PCT) have a 31-month deadline for National Phase Entry, providing an additional month compared to the standard 30-month deadline.  Here's a list of some of the countries with a 31-month deadline:

  • Africa (Regional Entry)*
  • Australia
  • Eurasia (Regional Entry)**
  • Europe (Regional Entry)***
  • India
  • Indonesia
  • Korea
  • New Zealand
  • Russia
  • South Africa
  • United Kingdom
  • Vietnam

Note that the specific requirements for each country or region will vary in terms of translations, fees, or other aspects of the patent application process.

* What are the countries that are part of the African Patent Office?  There are two regional African Patent Offices.

  1. The countries that form ARIPO (African Regional Intellectual Property Organization) are Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Mozambique, Namibia, Rwanda, São Tomé and Principe, Seychelles, Sierra Leone, Sudan, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe.
  2. The countries that form OAPI Organisation Africaine de la Propriété Intellectuelle) are Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Comoros, Congo, Equatorial Guinea, Gabon, Guinea (Conakry), Guinea Bissau, Ivory Coast, Mali, Mauritania, Niger, Senegal, and Togo.

** What are the countries that are part of the Eurasian Patent Office? The countries that comprise the Eurasian Patent Office are Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan.

*** What are the countries that are part of the European Patent Office? The countries that are part of the European Patent Office are Albania, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovak Republic, Spain, Switzerland and Liechtenstein, Slovenia, Sweden, The Netherlands, Türkiye and the United Kingdom. 


7. What are some of the countries that require a formal Request for Examination (RFE) petition be filed?

Most countries require a formal Request for Examination when filing a Patent Application. Each Patent Office has varying time limits in which to meet this requirement. Here are some examples; 

  • Australia - In Australia, the formal Request for Examination must be filed within five years of the International Filing Date. However, increasingly, IP Australia is requiring early Request for Examination petitions. These requests are at the direction of the Patent Examiner and must be adhered to within the time limits set by the IP Australia Patent Examiner. 
  • Brazil - In Brazil, the formal Request for Examination must be filed within three years of the International Filing Date.
  • Canada - In Canada, the formal Request for Examination must be filed within four years of the International Filing Date.
  • China - In China, the formal Request for Examination must be filed within three years of Priority Date.
  • India - In India, the formal Request for Examination must be filed within 30 months from the earliest Priority Date.
  • Indonesia - In Indonesia, the formal Request for Examination must be filed within three years of Priority Date.
  • Japan - In Japan, the formal Request for Examination must be filed within three years of the International Filing Date.
  • Korea - In Korea, the formal Request for Examination must be filed within three years of International Filing Date.
  • New Zealand - In New Zealand, the formal Request for Examination must be filed within five years of International Filing Date.
  • Russia - In Russia, the formal Request for Examination must be filed within three years of International Filing Date.
  • Singapore - In Singapore, the formal Request for Examination must be filed within three years of Priority Date.
  • South Korea - In South Korea, the formal Request for Examination must be filed within three years of International Filing Date.
  • Vietnam - In Vietnam, the formal Request for Examination must be filed within forty-two months from the Priority Date.


8. What is a Patent Examiner’s Report? 

An Examiner’s Report, sometimes called an Office Action, is a routine and important part of the patent application process. During this stage, the Patent Office in the relevant country or region reviews your application to assess whether the invention is new and not obvious. This review process, also known as patent prosecution, is a normal step on the path to securing patent protection.


9. What is the Global Prosecution Highway (GPPH/PPH) Program?

GPPH is a multilateral framework that allows patent applicants to request accelerated examination of a patent application in one participating office based on a previous favorable decision by another participating office. A GPPH request can be based on a positive Written Opinion or IPRP of a parent PCT application. By simplifying and standardizing the process, the GPPH is an attempt to get patents faster and more efficiently in multiple countries, by leveraging the work already done by a previous office. 

How it works

  • Leverages prior work: An applicant can file a GPPH request with a participating office if a corresponding patent application has already been found to be allowable by another participating office. 
  • Standardized requirements: The GPPH uses a single set of eligibility requirements that apply to all participating offices, which simplifies the process compared to managing numerous individual bilateral agreements. 
  • Expedited examination: Once a GPPH request is filed, the new office agrees to fast-track the examination of the application, which can lead to a significantly shorter timeframe for the first examination report.  In many cases, voluntary claim amendments may be need to change the claims of the corresponding patent application to match the allowable claims in the other patent application.

Key benefits

  • Faster patent grants: GPPH is intended to provide a pathway for applicants to obtain patents in multiple countries more quickly. 
  • Increased efficiency: GPPH is intended to reduce the time, cost, and effort for both applicants and patent offices, thereby saving applicants money with hopefully less office actions. 
  • Predictability: It can lead to more predictable outcomes, as the new office can benefit from the previous office's allowance decision.



Glossary of Key Terms


PCT Application: An international application under the Patent Cooperation Treaty (PCT) enabling applicants to seek patent protection in multiple states with one filing.

Priority Date: The earliest filing date claimed for an invention, used as the effective date across all designated Patent Cooperation Treaty (PCT) contracting states.

International Searching Authority: A patent office designated to conduct prior art searches and issue reports regarding patentability under the Patent Cooperation Treaty (PCT) system.

National Phase Entry: The stage after the international phase where applicants must file in individual countries or regions for patent protection.

WIPO: World Intellectual Property Organization, the United Nations agency that administers the PCT and publishes applications.