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.
Source link : https://www.mayerbrown.com/es/insights/publications/2024/07/patent-cooperation-treaty-pct-progress-in-latin-america-uruguay-becomes-the-newest-contracting-member
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Publish date : 2024-07-09 01:37:02
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