One question we often get asked by clients looking to protect their inventions overseas is why they should file a Patent Co-Operation Treaty (PCT) patent application.
It’s a good question: filing a PCT application adds cost and complexity to the patent process. However, there are several compelling reasons why filing a PCT application is a sensible option for many patent applicants.
Firstly, it should be said that not every patent applicant seeking patent protection outside Australia will need a PCT application. For instance, some businesses will have an established market presence in certain countries only, and may have no interest in filing outside of these countries. Other inventions may be for technology that has a specific market in a limited number of countries. In these cases, applicants could elect to file directly in only the countries of specific interest to them.
On the other hand, some inventions may have potential global appeal (pharmaceuticals, consumer goods and so on), while some applicants (particularly new businesses, or those developing a new product) may not be aware of all of the countries in which their invention could find a market. In these cases, filing a PCT application is a sensible course of action.
The major benefit of a PCT patent application is that it keeps patent rights pending in all 148 members countries of the PCT for up to 2½ years from the priority date of the application. In practice, this means that patent rights are maintained not just in a majority of countries, but also in countries comprising the majority of the world’s population.
In short, unless an invention has a limited or specific market, a PCT patent application is an option that should be seriously considered by patent applicants that want to keep their options open in as many countries as possible for as long as possible.