PCT Patent Applications

The Patent Cooperation Treaty (“PCT”) is an international agreement for filing patent applications having effect in many countries around the world.  Under the PCT, an applicant can file a single PCT patent application in one language with one patent office in order to simultaneously seek protection for an invention in the PCT member countries.  Although the PCT does not provide for the grant of “an international patent”, the PCT does the following: (1) simplifies the process of filing patent applications in designated foreign countries; (2) delays the expenses associated with applying for patent protection in the designated foreign countries; and (3) allows the inventor/applicant more time to assess the commercial viability of his/her invention.  Thus, the PCT patent application serves as a place holder for reserving the right to file for patent protection in various member countries.  Under the PCT, the applicant of the PCT patent application has around 30 months from the earliest priority date to designate which member countries that the applicant wants to enter into the national phase.