Thursday, September 04, 2008

Patent Act_30

What is the need for PCT ?

In order to protect your invention in other countries, you are required to file an independent patent application in each country of interest; in some cases , within a stipulated time to obtain priority in these countries .This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges etc. In addition you are making an assumption which, due to the short time available for making the decision on whether to file a patent application in a country or not , may not be well founded .

Inventors of contracting states of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest ; thus saving the initial investments towards filing fees, translation etc.

In addition the system provides much longer time for filing patent application in member countries.The time available under paris convention for securing priority in other countries is 12 months from the date of initial filing.Under the PCT system to be sure that the claimed invention is novel. the inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention .

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