PCT Chapter 1 & 2

PCTChapter I & II : 

Hemant Patil PCTChapter I & II

About PCT… : 

About PCT… The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970 and 142 contracting states. provides a unified procedure for filing patent applications in contracting states. International Searching Authority (ISA) International Preliminary Examining Authority (IPEA).

PCT Time line… : 

PCT Time line…

PCT Filing ways : 

PCT Filing ways Invention-PCT-National filing Invention – US – PCT- National filing Invention –Provisional – PCT(not US) – National filing

Chapter I : 

Chapter I article 4 Include application filing process Filling request form Prosecution

Request form : 

Request form Selection of form 1. PCT safe: software By WIPO 2. Adobe form: Editable PDF

Request… : 

Request… Petition: the international application be processed according to this Treaty, designation of the Contracting State or States name of applicant and the agent, title of the invention

Cont.… : 

Cont.… Criteria for Receiving office 1. At list one applicant national(domiciled) or resident Who will be applicant 1. USPTO-Inventor only 2. EPO & else – Inventor & Assignee

Cont.… : 

Cont.… Un-designate jurisdiction. Who are the owner. Who are the applicant.

Prosecution… : 

Prosecution… Starts after filing PCT application Notifications: Notification concerning payment of prescribed fees(Fatal) Invitation to correct the purported international application Purported international application is not and will not be treated as an international application. (Fatal)

Cont.… : 

Cont.… Notification of international application number and the international filing date.(Positive) Invitation to correct deficiencies in the international application. (non fatal) Invitation relating to parts of application to be missing. Invitation to correct priority claim ISA report ISA written opinion

Chapter II : 

Chapter II Application publication (18 months) International preliminary examination Enter into national Phase (20 months) Enter in to national phase ( 30 months) Chapter II Chapter I File a demand

Chapter II : 

Chapter II Demand for International preliminary examination. Adobe form Under jurisdiction of International preliminary examining authority

Cont.... : 

Cont.... Applicant: Any applicant who is a resident or national, as defined in Chapter I Inventor and assignee both can be applicant The demand for international preliminary examination shall be made separately from the international application. Indicate the Contracting State or States in which the applicant intends to use the results of the international preliminary examination.

Prosecution : 

Prosecution Notification of receipt of demand by competent IPEA Invitation to correct defects in the demand Written opinion of IPEA

Thank You… : 

Thank You…