Patent Cooperation Treaty (PCT) Progress in Latin America: Uruguay Becomes the Newest Contracting Member | Mayer Brown

The PCT procedure offers clear advantages to the applicant for global protection of the invention:

A 30-month period between the filing of the Priority and the Entry into the National Phase before other patent offices of signatory countries.

This prevents Priority from being used as a prior art against applications in each country during the 30-month period. Because of this, the applicant has (i) an extended period of time to decide in which territories they might protect their invention; and (ii) time to carry out the necessary procedures.

The International Search Authority’s prior art search and a technical opinion on the patentability of the invention.

The technical opinion on patentability provided by an ISA analyzes the novelty and non-obviousness requirements in relation to the relevant gathered prior art. Although it has no binding effect over the patent offices of the countries that are signatories to the Treaty, a positive position of the ISA is received as a strong argument for patentability.

1 WIPO maintains a list of International Search Authorities on its website.

[View source.]

Source link : https://www.jdsupra.com/legalnews/patent-cooperation-treaty-pct-progress-6516131/

Author :

Publish date : 2024-07-10 16:21:21

Copyright for syndicated content belongs to the linked Source.