Key Takeaways

  • The PCT (Patent Cooperation Treaty) process allows applicants to seek patent protection in 150+ countries with a single international application.
  • The standard PCT timeline includes six main steps: filing, international search, publication, optional searches/examinations, and national phase entry.
  • The national phase typically begins 30 months from the priority date, but some countries require earlier entry.
  • Strategic use of the 12- and 30-month windows allows applicants time for market testing and refining claims.
  • Missing PCT deadlines can result in serious consequences, though some jurisdictions allow for restoration or extensions under limited conditions.

The PCT filing timeline refers to the Patent Cooperation Treaty, which is an international agreement with more than 150 contracting states. Through the PCT, an inventor can file a single international patent application to get a patent in a large number of countries at the same time. Without the PCT, the inventor would have to file separate patent applications for each country or region where it needs protection.

National or regional patent offices still have control over what patents are granted; this is referred to as the “national phase.” In order to file according to the PCT, an inventor must follow certain steps.

Step 1: File

The inventor must file an international application with a national patent office, follow the PCT requirements, and pay the fee.

Step 2: Perform an International Search

After the application has been filed, a large global patent office known as an International Searching Authority, or ISA, uses the patent forms and technical literature to determine if an item is eligible to receive a patent. The ISA then releases a written opinion stating if an invention is patentable.

After the report and opinion have been released, the inventor can file an amended claim or informal comments. If an inventor wants to challenge the findings, they can file a demand. If the inventor chooses not to appeal the decision, the opinion is then turned into the item's International Preliminary Report on Patentability.

A demand must be filed 22 months from the priority date and three months from the release of the written opinion. Any amendments or arguments have to be filed by the same deadlines and are typically filed with the demand. A demand that is submitted after the deadline is treated as if it was never submitted. There are minimal opportunities to withdraw a demand and to have the fee refunded.

Step 3: International Publication

The international application is released to the public soon after expiration of the 18 months from the earliest filing date.

Step 4: Optional Supplementary International Search

If an inventor wants to look for additional documents, they can request a second ISA that will look for items not found by the first ISA. 

Step 5: Optional International Preliminary Examination

The inventor can also request a second patentability analysis by one of the ISAs. This typically happens by amending the original application.

Step 6: National Phase

The last step of the PCT process is to seek patents directly from each national or regional patent office. This usually takes place 30 months after the earliest filing date on the application.

Protecting Inventions in Multiple Countries

Because patents are limited to where they are issued, an international patent doesn't exist. However, there are options for people who want to protect their inventions in multiple countries.

They can file separate patent applications directly with each patent office at the same time. If they filed an application in a Paris Convention country or one of the Member States of the Paris Convention for the Protection of Industrial Property, they can then file a separate patent application for the other Paris Convention countries inside 12 months of the original filing date. The advantage of this method is that the secondary applications can still use the original filing date of the first application.

The other option is to complete an application through the PCT that is valid in all contracting states of the PCT. The application can be filed directly or within 12 months of the first application. This method is easier and less expensive than filing with each country directly or through the Paris Convention countries.

Who Uses the PCT?

The PCT is used by groups or individuals trying to secure patent protection internationally, including:

  • Major global corporations
  • Research groups
  • Universities
  • Small and medium enterprises
  • Individual inventors

An annual list of the largest PCT filers is published in the PCT Newsletter.

What Does a PCT Application Do?

Instead of filing individual patent applications with each country's office, the PCT application provides the same information and starts the application process with one form. An added benefit of a PCT application is that inventors who follow the treaty and regulations are not required to change the application to meet different national requirements.

Key PCT Timeline Milestones and Deadlines

Understanding the major timeframes in the PCT process is essential for effective planning and compliance. Below is an overview of the critical PCT timeline checkpoints, starting from the earliest filing date:

  • 0 months — Priority Date:
    This is typically the filing date of the first patent application, which serves as the reference point for all subsequent deadlines.
  • 12 months — PCT Filing Deadline:
    To claim priority from the initial application (often a national or provisional application), you must file a PCT application within 12 months.
  • 16 months — ISR and Written Opinion Deadline:
    The International Searching Authority (ISA) usually issues the International Search Report (ISR) and written opinion by this point.
  • 18 months — Publication of the Application:
    The international application is published by WIPO, disclosing the content to the public. The ISR is published alongside it if available.
  • 22 months — Deadline to File Demand for IPE:
    If you wish to enter the optional International Preliminary Examination (IPE), you must file a demand within 22 months of the priority date.
  • 30 months — National Phase Entry:
    Most PCT contracting states require entry into the national (or regional) phase by 30 months from the priority date. Some countries, like Luxembourg and Tanzania, may require entry earlier (e.g., 20–31 months), so always verify national rules.

Strategic Considerations When Using the PCT Timeline

The PCT timeline is not just procedural—it can be a strategic tool for applicants. Here’s how:

  • Delaying Costs:
    The 18–30 month international phase gives applicants time to delay costly national filings and translate documents while assessing commercial potential.
  • Testing Market Viability:
    The time before national phase entry can be used to explore market demand, partnerships, or funding before committing to country-specific filings.
  • Improving Patent Claims:
    Based on the written opinion, applicants can amend claims and strengthen their positions before entering jurisdictions with stricter standards.
  • Securing Priority Rights:
    Filing a PCT application within 12 months ensures global recognition of the priority date, helping to prevent patentability issues due to disclosures after that date.

Consequences of Missing PCT Deadlines

Missing deadlines in the PCT process can result in significant setbacks. Here’s what applicants should know:

  • Late PCT Filing (after 12 months):
    If the PCT application isn’t filed within 12 months of the priority date, the applicant loses the right to claim priority from the earlier application.
  • Late National Phase Entry:
    Failure to enter the national phase within the prescribed time (typically 30 months) generally results in abandonment of the application in that jurisdiction.
  • Restoration of Rights:
    Some jurisdictions allow restoration of the right of priority or national phase entry if the applicant can demonstrate that the failure was unintentional or occurred despite due care. This is not guaranteed and varies by country.
  • Fee Forfeitures:
    Applicants may forfeit fees paid for demands or examinations if filed after deadlines or if withdrawn.

Country-Specific Variations in the PCT Timeline

While the PCT establishes a standardized framework, timelines can vary slightly depending on national or regional office rules:

  • National Phase Entry Timelines:
    • 30 Months: Most countries (e.g., U.S., Japan, EU).
    • Earlier Than 30 Months: Some countries require entry by 20–31 months (e.g., Luxembourg, Tanzania, Uganda).
    • Extended Deadlines: A few allow extensions upon request, subject to conditions.
  • Translation Requirements:
    Some countries require translations upon national phase entry. Applicants should budget time and resources accordingly.
  • National Fees:
    Filing and examination fees vary widely across jurisdictions and must be paid at national phase entry.

Frequently Asked Questions

  1. What is the purpose of the PCT timeline?
    The PCT timeline helps applicants manage the patent process across multiple countries by providing structured deadlines and procedural steps.
  2. Can I extend the national phase deadline?
    In most countries, 30 months is a firm deadline. However, some jurisdictions may allow extensions with a petition and fee.
  3. Is the International Preliminary Examination required?
    No, the IPE is optional and primarily used to refine claims or address issues from the initial search report before national filings.
  4. What happens if I miss the 12-month priority deadline?
    You lose the ability to claim the earlier priority date, which may impact the novelty of your invention in future filings.
  5. When should I start preparing for the national phase?
    Ideally, begin preparations by month 24–26 to allow time for translations, local agent coordination, and fee payments.

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