PCT patents provide an efficient way for companies to protect inventions globally through a single application in over 150 countries. This article details the PCT application steps, fee structure, and differences from ordinary patents to help you decide if the PCT route suits your needs, how to reduce international patent costs, and quickly secure multi-country protection.

1. What is a PCT Patent? Core Concepts

1.1 Essence and Value of the PCT

The Patent Cooperation Treaty (PCT) simplifies international patent applications by allowing applicants to file once and establish a filing date in multiple countries. It acts like an international “fast track,” avoiding the cumbersome process of filing individually in each country.

For example, a Chinese company seeking protection in the US, Europe, and Japan can file one Chinese – language PCT application to secure a filing date simultaneously in all three regions, saving about 60% of early workload compared to traditional filings.

1.2 PCT Development Timeline

• • 1970: PCT signed in Washington
• • 1978: Entered into force with 18 initial members
• • 1994: China joined PCT; CNIPA became receiving office
• • 2024: Membership expanded to 157 countries covering major economies worldwide

2. Core Differences Between PCT Patents and Ordinary Patents

2.1 Application Method Differences

2.2 Scope of Protection Differences

PCT itself does not grant patents but provides procedural convenience in the application phase. Final patents are granted by individual national offices during the national phase. Ordinary international patents involve direct filings and examinations in each country, potentially faster grants but with higher initial cost.

3. PCT Application Process: From Filing to Grant

3.1 International Phase (Core Steps)

1. 1. Filing the application (1–2 weeks)
• • Submit to CNIPA (for Chinese applicants preferred)
• • Include request, description, claims, abstract
• • File in Chinese or English to reduce translation costs
2. 2. International search (3–4 months)
• • Performed by International Searching Authority (e.g., CNIPA, EPO)
• • Issued International Search Report listing relevant prior art
• • Optional preliminary patentability opinion affecting national decisions
3. 3. International publication (at 18 months from priority)
• • WIPO publishes the application
• • Temporary protection applies in some countries after publication
4. 4. International preliminary examination (optional, extra fee)
• • Request after search report, takes 2–3 months
• • Provides detailed patentability opinion, improves national phase success
• • Recommended for complex technologies and multiple target countries

3.2 National Phase (Entry into Individual Countries)

1. 1. Select target countries (within 30 months from priority)
• • Submit entry requests and pay national fees before deadline
• • Provide translations as required (e.g., Japanese translation for Japan)
2. 2. National examinations (varies by country)
• • US: ~2–3 years to grant
• • Europe: ~3–4 years via centralized EPO process
• • China: ~1.5–2 years after entering national phase
3. 3. Grant and maintenance
• • Patents granted individually in each country
• • Annual maintenance fees paid per country
• • Protection lasts 20 years from international filing date (invention patents)

4. PCT Application Fees: Breakdown and Savings Tips

4.1 Fee Estimates by Stage

4.2 Cost – saving Strategies

• • Choose cost – effective International Searching Authority (CNIPA fees ~30% lower than EPO)
• • Delay national phase entry to evaluate markets within 30 – month window
• • Seek fee reductions for SMEs where applicable (e.g., 50% fee cut in Europe)
• • Prioritize core markets (US, Europe, Japan) initially, expand later

5. PCT Member Countries: Selection Guide

5.1 Key Members and Features

• • USA: Strong protection and high litigation costs, ideal for tech innovators
• • Europe: Covers 38 countries via EPO unified examination
• • Japan: Strict examination, strong in electronics and mechanical fields
• • Southeast Asia: Singapore, South Korea offer lower costs, emerging markets

5.2 Selection Principles

• • Market size: prioritize countries with annual sales >10 million USD
• • Infringement risk: early coverage in high – counterfeit regions (India, Brazil)
• • Industry clusters: tech hubs like Germany (auto), USA (semiconductors)

6. PCT Patent Search: Methods and Tools

6.1 Official Search Platforms

• • WIPO PATENTSCOPE: full – text PCT application database
• • CNIPA official site: search Chinese national phase entries
• • EPO Espacenet: check European examination status

6.2 Search Tips

• • Use international application number (e.g., PCT/CN2023/123456)
• • Note publication dates and national phase entry info
• • Download international search reports to assess patentability

7. PCT Patent Validity: Key Deadlines

7.1 Important Timelines

• • Protection term: 20 years (invention patents) or 15 years (design patents) from international filing date
• • Priority period: 12 months from first national filing to PCT filing
• • National phase entry deadline: 30 months from priority date
• • Annual fees: paid per national patent post – grant

7.2 Deadline Management

• • Maintain reminder calendar (Excel or patent management software)
• • Prepare national phase materials 6 months in advance
• • Some countries allow late national entry with surcharge (e.g., US 2 – month grace)

8. FAQ

1. 1. What is a PCT patent?
   A PCT patent is an international patent application under the Patent Cooperation Treaty, enabling a single filing with a unified filing date and up to 30 months to decide which countries to enter. It does not grant a patent itself but simplifies multi – country filings.
2. 2. How much does PCT application cost?
   International phase fees range from RMB 13,000–20,000; national phase fees vary: ~RMB 25,000 for US, RMB 40,000 for Europe, RMB 30,000 for Japan. Filing in three major countries totals approx. RMB 100,000–150,000, saving 40% vs. Paris Convention filings.
3. 3. Difference between PCT and invention patents?
   Invention patents are granted nationally. PCT is an application procedure securing international filing date and phased national entry, with international search and optional preliminary examination.
4. 4. Who should apply via PCT?
   Firms planning sales in 3+ countries, with long R & D cycles, seeking to reduce upfront costs, or expecting infringement risk in multiple jurisdictions.
5. 5. Best timing for PCT filing?
   Within 12 months of first national filing (priority period). E.g., a patent filed Jan 2023 in China should file PCT by Dec 2023 to retain priority.
6. 6. Can patent documents be amended after national entry?
   Yes, but limited. Typically, claim scope can be narrowed but no new technical content added, e.g., to avoid prior art.
7. 7. What if PCT application fails?
   If international search indicates lack of patentability, you may abandon national entry to limit losses to international fees. If rejected in national phase, appeals or reexaminations are

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