Protect your invention/utility model here and abroad

via the PATENT COOPERATION TREATY (PCT)

What is the Patent Cooperation Treaty?

The PCT is an international treaty, administered by the World Intellectual Property Organization (WIPO), between
more than 140 Paris Convention member countries. The PCT makes it possible to seek patent protection for an invention
simultaneously in each of 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.

PCT Procedure
International Phase
1.
Filing - you file an international
application, complying with the PCT
formality requirements, in one language, and
you pay one set of fees.
2. International Search - an International
Searching Authority (ISA) (Choices:
Australian Patent Office, European Patent
Office, Japan Patent Office, Korean
Intellectual Property Office, United States
Patent and Trademark Office) identifies the
published documents which may have an
influence on whether your invention is
patentable and establishes an opinion on your
inventions potential patentability which
results to an International Search Report
and Written Opinion of the ISA.
3. International Publication - the content
of your international application is disclosed
to the world and your invention will have
provisional protection
4. International Preliminary Examination
- an International Preliminary Examining
Authority (IPEA) (Choices: Australian
Patent Office, European Patent Office, Japan
Patent Office, Korean Intellectual Property
Office, United States Patent and Trademark
Office), at your request, carries out an
additional patentability analysis, on the basis
of the International Search Report, according
to internationally accepted criteria of
patentability (novelty, inventive step and
industrial applicability). This process also
allows you to evaluate your chances of
obtaining patents from national and regional
patent offices.
National Phase
-After the International Phase, you start to
pursue the grant of your patents directly
before the national (or regional) patent
Offices of the countries wherein you want to
obtain them.
-You will pay the national fees apart from the
fees you have already paid during the
International Phase
-The national or regional patent offices
concerned begin the process of determining
whether they will grant you a patent or not.
-You must appoint a local agent
-More information on national phase entry
for each country can be found in Volume II
of the PCT Applicants Guide
(http://www.wipo.int/pct/guide/en/)

Timeline
0 months

or
12 months from the priority date
(1applicable to applications with
priority claim)
9 months from the international
filing date (2applicable to
applications without priority claim)
or

16 months from the priority date1

18 months from the priority date1 or from

the international filing date2

Within 19 months from the priority

date1 or from the international
filing date2 (to apply the 30 month
national phase entry time limit for
Luxembourg, Uganda, United
Republic of Tanzania)

Within 22 months from the priority

date1 or from the international
filing date2 or Within 3 months
from the date of the establishment
of the ISR, whichever expires later

Establishment of IPRP: 28 months

from the priority date1 or from the
international filing date2
Within 20 months in Luxembourg,
Uganda, United Republic of
Tanzania

Within 30 months from the priority

date1 or from the international
filing date2 in the rest of the
Offices

Please see
http://www.wipo.int/pct/en/texts/pdf/time_li
mits.pdf
for an updated list of time limits for
national phase entry per country.

Filing Requirements
1.

PCT Request Form (Form PCT/RO/101)

2.

Description, Claims, Abstract

- Margin Requirements (imaginary margins only)
top: 2-4 cm., left: 2.5-4 cm., right: 2-3 cm., bottom: 2-3 cm.
- A4 Size Paper
- 1 Line Spacing
- Line numbers every fifth line
- Page numbers in Arabic numerals at the center of the top or bottom page

3.

Drawings (if any)

- Margin Requirements (imaginary margins only)
top: 2.5 cm., left: 2.5 cm., right: 1.5 cm., bottom: 1 cm.
- A4 Size Paper
- Indicate Figure Number
- Page numbers in Arabic numerals at the center of the top or bottom page (e.g. 1/3, 2/3, 3/3)

4.

Payment of prescribed fees (Please see Schedule of Fees)

- For national fees of the PCT Contracting States, visit the National Chapter column of the PCT
Applicants Guide: http://www.wipo.int/pct/guide/en/
5. Applicant Eligibility At least one of the applicants, if there are several applicants, must be a Filipino national or
resident.
6. Acceptable Language English or Filipino
Sample Description, Claims, Abstract & Drawings

Modes of Filing
1.

Paper
-

Paper copy of PCT Request Form (Form PCT/RO/101). Said form may
be downloaded from the Intellectual Property Office of the Philippines
website (http://www.ipophil.gov.ph) WIPO website
(http://www.wipo.int/pct/en/forms/).
Paper copy of description, claims, abstract, and drawings (if any)

2.

Paper and Diskette

- Electronic form of the PCT Request and abstract saved in a diskette using the PCT-EASY (Electronic
Application SYstem) function of the PCT-SAFE Client module of the PCT-SAFE software (Secured
Application Filed Electronically) which may be downloaded from the WIPO website
(http://www.wipo.int/pct-safe/en/support/download.htm).
- Print-out of the PCT Request and abstract prepared using PCT-EASY
- Paper form of description, claims, & drawings (if any)

3.

Fully electronic
- Electronic form of the PCT Request, description, claims, abstract and drawings prepared using the PCTSAFE Client and PCT-SAFE Editor modules of the PCT-SAFE software, which may be downloaded
from the WIPO website (http://www.wipo.int/pct-safe/en/support/download.htm)

Tools for Fully Electronic Filing

(All can be downloaded from the Internet for free)

1.

2.

PCT-SAFE Software
a. PCT-SAFE Client
b. PCT-SAFE Editor
WIPO Digital Certificate
(https://onsite.verisign.com/services/WorldIntellectualPropertyOrganizationWIPOCustomerCA/digitalidCenter.ht
m)

Benefits of Electronic Filing

1.
2.
3.

Creates applications that are correctly formatted and meet PCT requirements
Fee reductions
Reduces cost of preparing application documents

Advantages of PCT
The procedure under the PCT has great advantages for you as an applicant, for the patent Offices and for the general public:

Allows more time to reflect on the desirability of seeking protection in foreign countries and to prepare/submit the
necessary requirements than if you had not used the PCT
Non-rejection on formal grounds during the national phase if the international application is in PCT-prescribed
form
Evaluation of patentability of invention based on the International Search Report (ISR) and Written Opinion
Amendment of international application (if necessary) during the international preliminary examination
Reduced search and examination work of patent offices with the use of the ISR, Written Opinion and International
Preliminary Report on Patentability (IPRP)
Third parties formulation of a well-founded opinion on the potential patentability of the claimed invention based
on applications publication together with the ISR
International publication can be an effective means of advertising, hence, having potential licensees

Ultimately, the PCT:

o brings the world within reach;
o postpones the major costs associated with international patent protection;
o provides a strong basis for patenting decisions; and
o is used by the worlds major corporations, research institutions and universities when they seek
international patent protection.

Further Information
PCT Internet Site:
PCT Resources: http://www.wipo.int/pct/en/index.html
PCT Applicants Guide: http://www.wipo.int/pct/guide/en/
PCT Newsletter: http://www.wipo.int/pct/en/newslett/
PCT Infoline: WIPO: pct.infoline@wipo.int
IP Philippines: pct@ipophil.gov.ph
IP Philippines: Information & Public Assistance (632) 238-6300 local 111 & 112
PCT Section (632) 238-6300 local 404

ADDRESS:
351 Sen. Gil J. Puyat Avenue
Makati City, Philippines
TELEPHONE:
(632) 238-6300
FAX:
890-4862/897-1737
E-MAIL:
mail@ipophil.gov.ph
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