Patent Cooperation Treaty

International Phase

Day 0 – Month 30

European Patent Office (EPO)

PCT filing designates the EPO, which can grant a European patent valid in 38 EPC member states. One application, one examination, then national validation. EPO grant fees + national validation fees (some countries require translation).

United States

Enter the US national phase at the USPTO by month 30. For US-origin PCT applications with a US priority application, the PCT can be the national stage application (35 U.S.C. § 371) or a bypass continuation (35 U.S.C. § 111(a)) can be filed to maintain more prosecution flexibility.

China (CNIPA)

China is a high-priority country for most technology companies. PCT national phase entry in China: file Chinese translation + national fees by month 30. China examination is independent — CNIPA examiners may have different views on obviousness and claim scope.

Japan (JPO)

Japan requires Japanese translation filed by month 30. PCT applications with prior JPO search may benefit from Patent Prosecution Highway (PPH). JPO examination tends to be rigorous on claim scope and requires narrower claim language than the EPO or USPTO.

Canada, Australia, India, Brazil

All PCT member states. Most technology-forward multinationals enter Canada, Australia, India; pharma/biotech companies often include Brazil for market access. Brazil and India have complex pharmaceutical patent rules including compulsory licensing provisions.

What is the Patent Cooperation Treaty (PCT)?

The Patent Cooperation Treaty (PCT) is an international treaty, administered by the World Intellectual Property Organization (WIPO), that allows applicants to file a single international patent application that preserves the right to seek patent protection in up to 157 member states. The PCT does NOT grant an international patent — there is no such thing as a single 'world patent.' Instead, PCT provides a standardized international application process that defers the costs and decisions about national filing for up to 30 months from the earliest priority date. How it works: an applicant files one PCT application with a national Receiving Office (e.g., the USPTO for US applicants) or directly with WIPO. The application is automatically deemed to designate all 157 PCT member states. An International Searching Authority (ISA) — the USPTO, EPO, JPO, or other approved body — performs an international prior art search and issues an International Search Report (ISR) and Written Opinion. At 18 months, WIPO publishes the application. By 30 months from the earliest priority date (or 20 months for Chapter I only, or 30 months if a Chapter II Demand was filed), the applicant must 'enter the national phase' in each country they want protection — file national/regional applications, pay national fees, and provide translations. The benefit: instead of filing separately in each country immediately (with translation costs and national fees), PCT lets applicants make one initial filing and delay the costly multi-country national phase by up to 30 months, using that time to evaluate commercial potential, raise investment, or improve the application based on the ISR. The cost: PCT is not cheap — total fees for the international phase typically run $3,000–$5,000 in USPTO fees alone, plus national phase costs ($2,000–$15,000 per country depending on translation and attorney fees).

When should I file a PCT application?

A PCT application should be filed within 12 months of the earliest US provisional or non-provisional filing to claim priority — or as a direct PCT filing within 12 months of any public disclosure if no prior application exists. Key timing: (1) If you filed a US provisional: file the PCT within 12 months of the provisional filing date to claim the provisional's priority date. Most companies file the PCT at the same time as the US non-provisional (both claiming the provisional's priority). (2) If you only filed a US non-provisional: you can file a PCT within 12 months of the US non-provisional filing. PCT will claim the US non-provisional's priority date. (3) Direct PCT without prior application: you can file PCT first and enter the US and other countries at 30 months. Less common for US-based applicants. When PCT makes strategic sense: you are seriously considering protecting your invention in 2+ countries beyond the US; your technology has international commercial potential; you need time (up to 30 months) to evaluate the market, raise funding, or see if the technology succeeds; the international search from the ISA provides useful information for prosecution strategy (especially if choosing a different ISA than where prosecution will be most important). When PCT may not make sense: you only want US protection — a standard US non-provisional is all you need; your budget is very limited and you cannot afford national phase entry in multiple countries; you are in a market that protects via trade secrets or first-mover advantage, not patents.

What is the 30-month PCT deadline and can I extend it?

The 30-month national phase deadline is the deadline by which a PCT applicant must enter the national or regional phase in each country or region where they want patent protection. It is calculated from the earliest priority date (typically the date of the first US provisional or non-provisional application from which priority is claimed). For example: if you filed a US provisional on January 1, 2023, and then a PCT within 12 months on December 15, 2023, your 30-month deadline is July 1, 2025 (30 months from January 1, 2023 — the earliest priority date). Is it extendable? In general, no — the 30-month PCT national phase deadline is a hard deadline that cannot be extended through the PCT system. Missing the 30-month deadline results in the loss of your PCT rights in the countries where you failed to enter. Some exceptions and nuances: (1) Some countries have national provisions to restore PCT rights after the 30-month deadline (e.g., 'restoration of rights' under PCT Rule 49.6), but this is country-specific, not guaranteed, and requires showing that the failure to timely file was unintentional. (2) The 30 months is measured from the earliest priority date — not from the PCT filing date. So if you filed PCT later than 12 months after the priority date, your remaining time to national phase entry is shorter. (3) Regional systems like the EPO have their own grace periods in some cases, but these are narrow. Practical tip: applicants often work backward from national phase deadlines to plan budgets. The full national phase for 3–5 countries typically costs $15,000–$50,000 (translations, national attorney fees, official fees). Starting to plan 6 months before the 30-month deadline is typical.

What is an International Search Report (ISR) and how does it affect my application?

The International Search Report (ISR) is a prior art search report prepared by the International Searching Authority (ISA) — you choose the ISA when you file the PCT application. Along with the ISR, the ISA issues a Written Opinion of the ISA (WOISA), which provides a preliminary assessment of whether the claims appear to be novel, inventive (non-obvious), and industrially applicable. The ISR identifies prior art documents in three categories: X (document alone destroys novelty or inventive step), Y (document combined with another document destroys inventive step), A (document defines general state of the art — relevant background but not destroying novelty or obviousness). What the ISR affects: (1) National phase prosecution: national examiners often rely on the ISR as a starting point for their examination. A positive ISR (no X or Y citations) can speed up national phase examination in many countries and is required for Patent Prosecution Highway (PPH) participation. (2) Chapter II Demand: if the WOISA is negative, the applicant can file a Chapter II Demand (by month 22) to submit arguments and amendments to the IPEA before entering national phase — strengthening the application's position before paying national phase costs. (3) Prosecution strategy: the ISR is often the first opportunity to see the prior art landscape. It can reveal references that require claim amendments, help identify the narrowest scope that will survive examination, and inform decisions about which countries are worth entering. ISA choice matters: the USPTO, EPO, and JPO have different search resources and fee structures. US applicants commonly use the USPTO as ISA (familiar with US prosecution standards) or the EPO (broader search databases, accepted by more national offices for PPH purposes).

What does PCT national phase entry involve and what does it cost?

PCT national phase entry is the process of converting your single PCT application into individual national or regional applications in each country where you want patent protection. This must happen by 30 months from your earliest priority date. What national phase entry requires: (1) Filing: submit a national phase application in each target country (or regional office like the EPO for multiple European countries). In the US: file either a § 371 national stage application (based on the PCT) or a § 111(a) bypass continuation (for more prosecution flexibility). (2) Translations: countries that do not use English require certified translations of the entire specification and claims. Translation costs are significant — typically $3,000–$8,000 per country for a complex application. (3) National official fees: each country charges filing fees, examination fees, and other national fees — typically $1,000–$3,000 in official fees per country. (4) Local patent attorney: most countries require a local patent attorney or agent to prosecute. Local attorney fees typically run $3,000–$8,000 per country for national phase entry. Typical total cost per country (national phase entry + initial prosecution): $8,000–$20,000+ per country, depending on complexity, translation requirements, and local attorney fees. Cost planning: most startups and SMEs prioritize 3–5 countries for national phase entry based on: (a) where the primary market is; (b) where competitors manufacture; (c) where enforcement is practical. Common country selection for technology companies: US, Europe (EPO designating key countries), China, Japan, South Korea. Pharma/biotech often adds Canada, Australia, Brazil, India.