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Home About Us Patent Patent Search Trademark Get Funding News/Blog Info/Resources Site Map  
Through our DC office: we offer patent research at USPTO EAST- the same system/methods used by Patent Examiners.
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PCT International Patent Application

Typically, we bill USD $2,000 (or, if you are a very small entity with < 20 employees- a 50% reduced,  flat-fee of USD $1,000 ) to Prepare, File, and Manage the PCT patent filing process. As little as a 24hr turn time is possible  (yet we prefer 1-2 weeks), and pre-approval is required for such rush work.


Small/Micro Entity PCT application- $1030

 

Large Entity PCT application- $2060

 

 

PCT international patent application

What is a PCT Application?

The PCT patent Business Decision
Some Business Factors to Consider
The PCT International Patent Application
Foreign National Filings based on the PCT patent
What we need to file your PCT Request


What is the Patent Cooperation Treaty?

The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.

A single filing of a PCT application is made with a Receiving Office (RO) in one language. It then results in a search performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patent-ability of the invention, which is the subject of the application. It is optionally followed by a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). Finally, the relevant national or regional authorities administer matters related to the examination of application (if provided by national law) and issuance of patent.

A PCT application does not itself result in the grant of a patent, the grant of patent is a prerogative of each national or regional authority. In other words, a PCT application, which establishes a filing date in all contracting states, must be followed up with the step of entering into national or regional phases to proceed towards grant of one or more patents. The PCT procedure essentially leads to a standard national or regional patent application, which may be granted or rejected according to applicable law, in each jurisdiction in which a patent is desired.


The Business Decision

Protecting Technology and Inventions Internationally is often critical. Filing your patent application with the U.S. Patent and Trademark office (USPTO) is the first step toward securing protection of your idea. Upon the granting of a patent by the USPTO you have exclusive rights to your invention in the USA. However, that only protects you in the USA, and not internationally. Generally, a patent is required in each country you seek patent protection in. The problem for all but the deepest pocket inventors/companies is that foreign filing of your patent application can be a very expensive and complex process, as each foreign country has its own patent laws, rules, and regulations, as well as significant fees for filing patents. Thus, careful consideration is required. However, ignoring the world market in a global economy can be a significant lost opportunity for your invention and could significantly diminish the value of your invention and its broader intellectual property value. You have 1 year after any patent filing to file internationally. If you pass the the 1 year international patent application filing deadline you will forever lose all international patent rights on your invention. Hence, making the right decision, after considering various business factors, that hedges your risk and keeps open your opportunity for rewards may be the optimal approach.

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Some Business Factors to Consider

  • Do you plan to license your invention to a multinational firm? If so, preserving your international filing rights with a PCT application could be critical to their interest in investing in, making, or using your product or service. Without patent protection they may not be able to secure adequate profits to make your invention worthwhile for them to engage.
  • Does your company plan to sell internationally product or services using your invention? If so, without foreign patent protection you may not be able to be competitive.
  • What markets do you expect would present a significant customer base for your produce/service now and in the future.
  • Do you currently receive any foreign business, inquiries, or interest?

Many other practical questions similar to the above should be considered. If your answer is yes to any one such factor, then it is prudent to secure the right to file foreign patents all around the world, even if you later choose not to do so. This is what the PCT patent application enables you to do: defer the decision at a relatively low cost, especially when compared to the extremely high cost of filing in each foreign country. The PCT gives you time to decide which foreign markets turn out to be the most valuable and worthwhile to apply for patent protection in.

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The PCT International Patent Application

For US inventors/companies, because of the great expense of foreign patent filings, the usual procedure regarding international protection is to "buy time" by first filing a US patent application, then within 1 year of filing the US (utility or provisional) patent application or before any public disclosure, file a Patent Cooperation Treaty (PCT) international patent application request. Then within 20 months decide which countries you wish to separately file in. Typically, we would file your US and PCT applications, and foreign associates would file patent applications in their respective countries up to 30 months from the earliest filing date. The PCT application based on your US application would be a low flat-fee for us to prepare and file your PCT request; which locks in your international filing date and gets the PCT process started.

Once you have filed your USA patent application, you can "reserve" your rights to file in foreign countries by filing a PCT Application. In this approach, you pick the countries in which you believe the invention requires patent protection. That is, as long as you take the proper steps to preserve your international filing rights (e.g., no disclosure to non-inventors prior to US filing, file within 1 year of US filing, etc.), you have a good amount of time to analyze you business case for each country to determine which are worthwhile to pursue.

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Foreign National Filings

If you can afford it and know which foreign countries are worth the investment, then you may file individually in each foreign country and skip filing the PCT; however, this non-PCT approach could easily cost $50K and above. So you should choose each country based on a very solid business case considering the opportunity verses cost in each country. Prosecuting the PCT application costs a few thousand with our firm (spread over a couple of years), but this is very small compared to the very large cost of filing a patent in each country you wish to file nationally with.  Filing foreign patents usually costs from $3K to $10K per country, depending on if translations are needed or not.

Whether you seek to file a patent immediately in one country, or want to reserve countries in a PCT filing, Bay Area IP can assist you. Generally, we can file your PCT application request on as little as a one week notice if you have a PCT filing deadline. However, we do prefer a 2-4 week lead time.

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What we need to file your PCT Application Request

To file a Patent Cooperation Treaty (PCT) International Patent Application based on a US patent application we require:

  1. An English patent application translation
  2. Your contact information
  3. Formal drawings (additional fees apply for us to draft formal drawings; and, expect delays)
  4. Filing dates, numbers, and locations
  5. The inventor's full name, address, telephone, FAX, and any email addresses
  6. Inventor citizenship
  7. All assignment information
  8. Payment of required fees

Our lead-time in filing PCT applications is generally short if the PCT is based on prior patents or applications.  Under normal conditions, we can prepare and file your PCT application within a week or two, and as fast as a day or two on a rush status to meet filing deadlines.

Feel free to contact us for more information.  We will contact you with instructions on how to submit the above enumerated information.

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Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.

          Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.         

 

Also called a non-provisional, regular, or ‘full’ patent. Best quality, 20 year protection for useful structures, functions, compositions, & and methods.

Learn more about Utility (aka non-provisional, regular, or ‘full’ ) patent protection of your functional innovation.

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

 

 

 

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

 

 

When cost and speed is top priority. Our Low-cost service, assures a legally valid filing for effective, fast provisional "Patent Pending" status- giving you up to 1 year to file a corresponding Utility Patent Application.

 

 

Learn more about getting fast "Patent Pending" protection with provisional patent applications  (aka PPA and provisional patent).

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

 

Smart 1st step before investing much time and money, we research and opine on your idea’s likely patentability, to also help you better distinguish your innovation from prior solutions found.

 

Learn about our highly effective patent research practice conducted at the USPTO by former Expert patent Examiners.

Learn more about Design patent protection of your product’s form and artistic appearance.

 

Learn more about Design patent protection of your product’s form and artistic appearance.

 

Protects a product’s form and artistic appearance from being copied. Can complement the Utility patent protection when both form and function are unique. Great for product designers.

 

Learn more about Design patent protection of your product’s form and artistic appearance.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

We have extensive experience and capabilities in all aspects of International PCT process and foreign national stage filings.  We have one of the most extensive foreign associate networks, covering all 170+ member countries of WIPO, and we guarantee to meet deadlines and be the most competitive on pricing for quality results.

Learn more about our extensive expertise and capabilities for International PCT and foreign national stage patent filings.

 

 

 

 

 

 

Schedule a Consultation

 

Need help learning about and determining your company's IP options?  You may want to schedule a consultation with a Bay Area IP Professional to most efficiently and effectively assist you in making your next step, the right one.
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Legal Notice: None of the information provided in this website should be construed as or used as legal advice. The information provided here is for educational purposes only, in order to help inventors learn background information before consulting a practitioner. Since the best course of action in any specific matter will depend on the specific facts of the matter, NOTHING on this site can provide a substitute for the advice of competent legal counsel. Consult with a professional for specific advice regarding your particular situation.

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