IP Procure through its foreign associates files and prosecutes patent applications worldwide. A patent applicant who has filed a patent application for an invention in the US may want to file a foreign patent for the same invention. If the applicant does not file for a PCT within 12 months of the priority date of the patent application, the patent applicant must apply for a patent in each of the foreign country within 12 months of the priority date. |
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An agreement known as the Patent Cooperation Treaty (PCT) allows a US patent applicant to file an international patent application and seek priority in all the member countries for a period of approx. 30 months (time limit varies depending on the country of filing). The international patent application gives the patent applicant the choice of filing the patent in the foreign within approx. 30 months of first filing. The approx. 30 month period gives the applicant the time to evaluate the commercial viability of their invention in any foreign country. For more information on the PCT visit: |
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| PCT Legal Administration Home Page |
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| WIPO PCT Systems Home Page |
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The US patent applicant pursuing a patent in other foreign countries has to comply with the requirements specified in the patent laws of that country. Each country has its own set of rules and regulations for patent filing that a patent applicant must fulfill before a patent application is approved in that country. For example, patent laws of some countries require that the invention is not published before the patent application filing date. In most countries, the patent applicant may be required to pay a maintenance fee towards holding the granted patent. |
