Filing an International Patent Application with the PCT

The Patent Cooperation Treaty, or PCT as it is generally referred to, is a treaty entered into by most countries in the world in 1970. It essentially streamlines the initial filing process for international patent applications in all of the member countries. In essence, a PCT filing allows you to make an initial international patent application that serves as the first step to obtaining patent protection in a large number of countries. An international patent application via the PCT can be filed by anyone who is a resident of a country that is a signatory to the PCT. Countries that are signatories to the PCT are referred to as “Contracting States” and “Member Countries.”

The primary advantage of the PCT is that by filing the initial international patent application, the applicant essentially starts the process of applying for a patent in a large number of countries. Generally, if you are considering international protection in more than one country, you should strongly consider filing a PCT application. However, you should understand the costs of international protection before you start this process. Towards that end, we offer fixed fee filing for most PCT applications with a reasonable attorney fee plus, of course, the standard governmental fees. Our fee schedule for the PCT, reflecting our present fees and common governmental fees when the United States Patent & Trademark Office acts as the receiving office are listed at the end of this page.

First, when the international patent application is first filed, the application enters what is referred to as the “international phase.” The international phase is typically based on an earlier filed United States patent application, and must be filed within twelve (12) months of the filing of the United States application. The international phase typically lasts eighteen months from the date of filing, although some countries have different deadlines for entering the national phase.