WIPO's Patent Cooperation Treaty, or PCT, came into force in 1978. It allows inventors and applicants to file one "international" patent application in one language and to seek protection simultaneously in all of its 123 member states.
The single PCT application is searched and examined by a WIPO-authorised patent office. For Europe, this authorised body is the European Patent Office, or EPO. Following examination, the authorised body issues a Written Opinion of patentability.
So an application through the PCT does not give rise to automatic patent protection in 123 countries; rather, the main advantage of the PCT is to give applicants up to (and sometimes more than) 18 months more time than they would have under the traditional patent system to decide whether and for which countries they wish to pursue patent protection.
In this way, inventors delay, by the same number of months, the expenses of translating the application, paying national fees and appointing local patent agents.
In addition, as the result of the PCT's international search and international preliminary examination procedures, PCT applicants possess detailed, high-value information on which to base decisions of whether it is worthwhile to continue to seek patents for their inventions. They also benefit from the uniform formality requirements and centralised international publication provided by the PCT system.
In fact, a PCT application generally works out to be more expensive than the traditional application route; but this can be off-set by the commercial advantage in postponing the costs, which is valuable when the desired country coverage is not yet known.
Until recently, PCT applications had to be on paper. Now they can be on-line or by CD-ROM. Describing WIPO's new system, known as SAFE, or Secure Applications Filed Electronically, WIPO Deputy Director General Francis Gurr said:
"This milestone in the history of the PCT heralds a new era in the operations of the PCT, which is the cornerstone of the international patent system."
Using the new system will also result in a discount for applicants of up to 300 Swiss francs (around £128).
