This presentation is about how to file an international application for patent under the Patent Cooperation Treaty(PCT). hope you will like my ppt.

1. Filing an international application
for patent under the Patent
Cooperation Treaty
Presented By:
Dilip B. Darade
M. s. Pharm(PI/316)
Dept. of Pharmacoinformatics,
NIPER , Hajipur

2. Flow of presentation
How to file Patent
Application?
What is PCT?
Where to file?
Steps to file
PCT?
Elements of
PCT?

3. How to file a patent application simultaneously in different
countries?
• directly file separate patent applications at the same time in all of
the countries in which patent is desired (for some countries,
regional patents are available)
• having filed the first patent application in a Paris Convention
country (one of the Member States of the Paris Convention for the
Protection of Industrial Property ), file separate patent applications in
other Paris Convention countries within 12 months from the filing
date of that first patent application, with the benefit of claiming the
filing date of the first application in all other countries.
• file an application under the PCT, directly or within the 12-month
period provided for by the Paris Convention from the filing date of
a first application, which is valid in all Contracting States of the
PCT.
Direct
PCT
Paris
Convention

4. What is PCT?
 The Patent Cooperation Treaty (PCT) is an international treaty that was concluded
in Washington in 1970 and now-a-days connecting with more than 150 Contracting
States.
 It is administered by the World Intellectual Property Organisation(WIPO).
 The PCT makes it possible to seek patent protection for an invention simultaneously
in 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”.
(Source- PCT Article 2(vii) 3(1) )

5. The PCT now has 152 Contracting States
Contracting states
Not Contracting states
Source- http://www.wipo.int/pct/en/pct_contracting_states.html

6. Advantages of PCT filing
One application One language One currency One country
 This single application has the effect of filing simultaneously in different
countries (designated countries).
 It allows you to make a single international patent application that has the same
effect as national applications filed in separate PCT states.
 You benefit from one application, in one language paid for in one currency.
 Use of the PCT saves effort, time, and work of the applicant seeking protection
for an invention in a number of countries.

7. Where to file ( RO/IN or RO/IB )
Nationals/Residents of India can file an international
application with
 the Indian Patent Office at New Delhi, Chennai, Mumbai or
Kolkata as the Receiving Office (RO/IN).
Or
the International Bureau of WIPO as the Receiving Office(RO/IB).
(PCT Rule 19.1(a)(i) or (ii) or (b)) and(Rule 19.1(a)(iii))

8. Flow under PCT
Inventions
International
applications
Receiving Offices
(national or regional
patent offices or the
International Bureau)
International Authorities
(ISA, SISA and IPEA)
International
Bureau
Are the object of
PATENTSCOPE
Filed with
Transmit
Applications to
Carry out search, prepare
written opinion and transmits
reports to
Publishes on
Designated offices
(national / regional offices)
Communicates to
GrantPatents

9. What are the elements of PCT?
I. The Request
II. The Description
III. The Claims
IV. The Drawings
V. The Abstract
VI. Other Formal
Requirements
Source- PCT-Article 3(2) 7 Section 207(a).
VII. Fees

10. The Request
 What is the form of the request?
It is the international application is filed on paper, the request must be
made on a printed form (Form PCT/RO/101) to be filled in with the
required indications or be presented as a computer print-out complying
with the Administrative Instructions.
PCT Rule 4.3 5.1(a)

11. The Request
PCT- Article 9(1) 9(3) Rule 18.1 18.3

12. The Request
PCT- Article 9(1) 9(3) Rule 18.1 18.3

13. The Request
PCT- Article 4(1)(ii) 11(1)(iii)(b) Rule 4.9(a)

14. The Request
PCT- Article 8(1) Rule 4.1(b)(i) 4.10

15. The Request
PCT- Rule 4.1(b)(iv) 4.14bis
PCT- Rule 4.17(i) 51bis.1(a)(I to V)

16. The Request

17. The Request

18. The Request

19. The Request

20. The Request

21. The Request
PCT- Rule 3.3 Section 313

22. The Request
PCT- Article 14(1)(a)(i) Rule 4.1(d)

23. How must description be drafted?
 It must disclose the invention in a manner sufficiently clear and
complete for it to be carried out by a person skilled in the art.
 It must start with the title of the invention as appearing in Box No. I of
the request.
 Rule 5 contains detailed requirements as to the “manner and order” of
the description, which, generally, should be in six parts.
 Those parts should have the following headings:
 Technical Field, Background Art, Disclosure of Invention, Brief
Description of Drawings, Best Mode for Carrying Out the Invention,
Industrial Applicability.

24. How must claims be drafted?
 The claim or claims must “define the matter for which protection is
sought.”
 Claims must be clear and concise.
 They must be fully supported by the description.
 Rule 6 contains detailed requirements as to the number and numbering
of claims.
 The claims may include tables if this is desirable in view of the
subject matter involved.
 As to the manner of claiming, the claims must be in two distinct parts:
a) Statement of the prior art
b) Statement of the features

25. How must the drawings be presented?
 The international application must contain drawings when they are
necessary for the understanding of the invention.
 Drawings must be presented on one or more separate sheets.
 They may not be included in the description, the claims or the
abstract.
 They may not contain text matter, except a single word or words when
absolutely indispensable.
 Drawings must be on sheets of A4 paper which must be flexible,
strong, white, smooth, non-shiny and durable.
 The sheets must be free from creases, cracks and must not be folded.

26. How must the abstract be drafted?
 It must consist of a summary of the disclosure as contained in the
description, the claims and any drawings.
 Where applicable, it must also contain the most characteristic
chemical formula.
 It must be as concise as the disclosure permits.
 The volume of the text of the abstract should not exceed what can be
accommodated on an A4 sheet of typewritten matter.
 It should be primarily related to what is new in the art to which the
invention pertains.
 It must be presented on a separate sheet which must appear after the
claims and be numbered accordingly.
 If the receiving Office finds that the abstract is missing, it invites the
applicant to furnish it within a time limit of two months from the date
of the invitation to correct.

27. SCHEDULE OF FEES
Sr.no Fees Amount
1 International filing fee (Rule 15.2) 86369 INR +
974 INR / extra sheets exceed 30
sheets
2 Supplementary search handling fee:
(Rule 45bis.2)
12988 INR
3 Handling Fee:
(Rule 57.2)
12988 INR
REDUCTION OF FEES
The international filing fee is reduced by the following amount if the
international application is, as provided for in the Administrative
Instructions, filed:
a) in electronic form, the request not being in character coded format: 6493 INR
b) in electronic form, the request, description, claims and abstract being in
character coded format: 19481 INR
c) in electronic form, the request being in character coded format: 12987 INR