PCT Patent Application — Protect Your Invention Internationally
How to patent an idea internationally?
The First Stage of the patent application process is to file a provisional patent application as discussed. This secures an international filing date for your invention. The Second Stage, which is optional, is to have an International Novelty Search conducted.
The Third Stage is the filing of a complete application. This must be done before 12 months from your earliest priority date. This is generally the date your first provisional patent application was filed.
Importantly, any improvements made to your invention in the first 12 months of the process can be added to the specification that is filed with the complete application.
What Is a PCT Patent Application? (Patent Cooperation Treaty Explained)
A PCT patent application is a single international patent application filed under the Patent Cooperation Treaty. It preserves your right to seek patent protection in more than 150 member countries from one filing, deferring the decision on individual countries until the national phase.
PCT stands for Patent Cooperation Treaty. A PCT patent application will allow you to pursue patent protection by making a national phase filing in any of the PCT member countries right up until 30 or 31 months after the priority date, depending on the country.
If you don't keep your rights alive by filing an international patent application then you will be limited to seeking patent protection in the countries where you have filed national patent applications.
How Does the PCT Application Process Work? Step-by-Step
For most Australian applicants, the PCT route sits within the broader patent process stages as follows:
- Provisional filing – a provisional patent application establishes your priority date and holds it for 12 months.
- Optional international-type search– IP Australia searches the prior art against your provisional application; see our international-type search page.
- PCT filing– the PCT application is filed before the 12-month anniversary of your earliest priority date, and can incorporate improvements made during that year.
- International search and written opinion– an International Searching Authority searches the prior art and issues a written opinion on patentability.
- International publication– the application is published at 18 months from the priority date.
- Optional international preliminary examination– a Demand can be filed to argue for, and amend towards, a positive International Preliminary Report on Patentability (IPRP).
- National phase entry– generally at 30 or 31 months from the priority date, you file national phase patent applications in your chosen countries, where each application is examined under local law.
PCT Patent Application Timeline & Key Deadlines
The deadlines that matter most are: the PCT application must be filed within 12 months of your earliest priority date; the application is published at 18 months from the priority date; and national phase entry generally falls due at 30 or 31 months from the priority date, depending on the country. Your patent attorney will docket and remind you of each of these dates, but it is worth planning your commercialisation activities – fundraising, licensing discussions and market testing – around the 30/31-month national phase decision point, as that is when the most significant country selection choices are made.
How Much Does a PCT Patent Application Cost in Australia?
The cost of a PCT application is made up of official fees (including an international filing fee and a search fee) and professional fees for preparing the specification and managing the filing. The official fee component varies with the searching authority selected and exchange rates, and IP Australia publishes current official charges on its patent timeframes and fees page. Baxter IP provides a quotation before filing so you know the full position in advance, and our patent costs in Australia overview explains how the PCT stage fits into the overall budget. A key financial benefit of the PCT route is deferral: the larger per-country costs are pushed back to national phase entry, after you have had up to 30 months to test the market and the search results.
Important considerations
It's important that you understand that you will not get an international patent (i.e. patent rights) by filing an international patent application. You will still need to file national phase patent applications in order to be granted a patent in those countries.
The only country of significance that the PCT Treaty does not cover is Taiwan. A patent application can be filed in Taiwan alongside the PCT application if protection is sought there.
PCT National Phase Entry — What Happens After 30 Months?
At national phase entry, your single PCT application converts into separate applications in each country or region you select – for example the United States, China, Japan, Korea, India, Canada and, via a single regional filing, the European Patent Office. Each national office then examines the application under its own law before granting a patent. Baxter IP manages national phase filings through its established network of foreign associate firms, coordinating translations, local formality requirements and examination strategy from Australia. See our national phase patent page for more detail.
Publication of an international application
PCT patent applications are published during the international phase, at 18 months from the priority date.
PCT Patent Search and Written Opinion
The PCT international patent process also includes an International Search and Written Opinion in relation to the patentability of your invention. If an International-Type Search was performed, a partial refund is available for the cost of the PCT International Search.
The International Search Report (ISR) and Written Opinion together give you an early, independent view of how patent offices are likely to treat your claims. Reviewing them with your attorney before the national phase deadline lets you assess commercial viability – and trim or expand your country list – before committing to the larger costs of national filings.
If the Examiner has raised objections in the Written Opinion, a response can be filed supported by amendments made to the claims of the patent application, if necessary, together with a Demand for International Preliminary Examination (IPE), to better position your application for acceptance. The IPE, together with an analysis of the results by your patent attorney, can give you an idea of the scope of patent protection you may be able to secure in national patent offices around the world.
During the IPE, your patent attorney can respond to the Written Opinion to attempt to have the examiner consider your invention patentable and issue a clear International Preliminary Report on Patentability (IPRP). A clear report can greatly increase the value of your IP Asset and is generally held in high regard by potential investors or licensees.
Benefits of Filing a PCT Application
- Single application preserves rights in more than 150 countries
- Delays expensive national phase costs for up to 30/31 months
- Provides international search and examination
- Offers flexibility in country selection
- Enhances commercial value of your invention
Frequently Asked Questions
What does PCT stand for?
PCT stands for Patent Cooperation Treaty, an international treaty administered by the World Intellectual Property Organization (WIPO) that provides a unified procedure for filing patent applications across its member countries.
How long does a PCT application last?
A PCT application itself does not grant a patent and its international phase runs, in most countries, until the 30 or 31-month national phase deadline. Patents granted from the resulting national phase applications generally have a term of up to 20 years from the international filing date, subject to payment of renewal fees.
Can I file a PCT application in Australia?
Yes. Australian applicants routinely file PCT applications through IP Australia, and Australia is itself a PCT member country, so overseas applicants can also enter the national phase here to pursue an Australian patent application.
What is the difference between a PCT application and a direct national application?
A direct national filing seeks protection in one country immediately, which can be cheaper if you only ever need one or two markets. A PCT application keeps the door open to protection in more than 150 countries from a single filing and defers the country-by-country costs and decisions for up to 30/31 months – generally the better option where international markets, investors or licensees are part of the plan. Our guide on how to patent your invention walks through how these routes fit together.
Speak with a Baxter IP PCT Patent Attorney
After your PCT application, you'll need to decide which countries to enter for national phase patent protection. This decision should be based on your commercial strategy and market analysis.
If you have any questions related to filing a PCT patent application, feel free to contact us or reach out to any one of the patent attorneys at Baxter IP.
