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46<br />
PROTECTING YOUR INVENTIONS<br />
Intellectual property rights are matters of national law,<br />
and patents are no exception. A patent will only have effect<br />
in the countries in which it is registered. This means that if<br />
you need patent protection in multiple countries, you will<br />
need to apply for a patent in each country. Fortunately,<br />
there is a system in place to facilitate this - the PCT system.<br />
The Patent Cooperation Treaty (PCT) is an international<br />
treaty that sets up a system allowing inventors to protect<br />
their patents by filing one international application.<br />
The PCT has more than 145 member states. Importantly,<br />
each country’s national or regional office still controls the<br />
granting of patents (the ‘national phase’).<br />
Process<br />
1. File an international application with a national or<br />
regional patent office;<br />
2. International Searching Authority (ISA) conducts a<br />
high-quality search of the published patent documents<br />
and technical literature and produces a written opinion<br />
on your invention’s potential patentability;<br />
3. Content of your international application is disclosed to<br />
the world (usually 18 months from earliest filing date);<br />
4. You can begin applying directly to patent offices<br />
in the countries in which you want a patent granted<br />
(usually 30 months from earliest filing date).<br />
Registering a Patent Under the PCT<br />
File an international<br />
application<br />
ISA conducts an<br />
international search<br />
Content of your patent<br />
application is published<br />
Apply in the countries<br />
in which you want a<br />
patent granted<br />
46
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