PPC PPC International Patent Systems & PCT 1 — Questions and Answers
Question 1: What does 'PCT' stand for in the context of international patent filings?
- Patent Cooperation Treaty (Correct answer)
- Patent Classification Treaty
- Patent Claim Template
- Patent Continuity Transfer
Correct answer: Patent Cooperation Treaty
The Patent Cooperation Treaty (PCT) is an international treaty administered by WIPO that provides a unified procedure for filing patent applications in multiple countries simultaneously.
Question 2: What is the 'international phase' of a PCT application, and what key documents does it produce?
- The phase after national stage entry; produces granted patents
- The phase before national stage entry; produces an International Search Report (ISR) and Written Opinion (Correct answer)
- The phase in which all member states examine the application jointly
- The phase where the application is published in all official languages
Correct answer: The phase before national stage entry; produces an International Search Report (ISR) and Written Opinion
During the international phase, a PCT application receives an International Search Report (ISR) and Written Opinion from an International Searching Authority (ISA), which help applicants assess patentability before committing to national stage costs.
Question 3: What is the typical deadline to enter the 'national phase' from the PCT international filing date under Chapter I of the PCT?
- 12 months
- 18 months
- 30 months (Correct answer)
- 36 months
Correct answer: 30 months
Under PCT Chapter I, applicants generally have 30 months from the earliest priority date to enter the national phase in most PCT member countries.
Question 4: What is the role of a 'Receiving Office' (RO) in the PCT process?
- It grants the final patent in each designated country
- It receives and checks the international application for formality compliance before transmitting it to WIPO (Correct answer)
- It conducts the substantive examination of PCT claims
- It translates the application into all required languages
Correct answer: It receives and checks the international application for formality compliance before transmitting it to WIPO
The Receiving Office (RO), such as the USPTO for US applicants, checks the international application for formal requirements and transmits it to the International Bureau (WIPO) and the designated International Searching Authority.
Question 5: Under the Paris Convention, what is the 'priority period' for filing a patent application in foreign countries based on a US utility patent application?
- 6 months from the earliest filing date
- 12 months from the earliest filing date (Correct answer)
- 18 months from the earliest filing date
- 30 months from the earliest filing date
Correct answer: 12 months from the earliest filing date
Under the Paris Convention, a US utility patent application establishes a 12-month priority period during which a corresponding foreign application can be filed and claim the US filing date as its priority date.
Question 6: What is a 'foreign filing license' and when is it required for US inventors?
- A license from a foreign patent office to file in the US
- USPTO authorization required before filing a patent application abroad for an invention made in the US (Correct answer)
- Permission from WIPO to enter the national phase
- A license to use a patented invention in a foreign country
Correct answer: USPTO authorization required before filing a patent application abroad for an invention made in the US
Before filing a patent application outside the US for an invention made in the US, the inventor must either obtain a foreign filing license from the USPTO or wait 6 months after the US filing date without receiving a secrecy order.
PPC PPC International Patent Systems & PCT 1
What does 'PCT' stand for in the context of international patent filings?