What is a PCT application (Patent Cooperation Treaty)?

February 19, 2022 by James Yang

The Patent Cooperation Treaty (PCT) is an international patent law treaty that simplifies the procedures for seeking patent protection in all contracting states. A patent application filed under the PCT is called an international application, or PCT application. A PCT Application filed in a foreign country is called a PCT national phase patent application. The PCT is administered by the World Intellectual Property Organization (WIPO).

A Euro-PCT Application is a PCT Application filed with the European Patent Office during the national phase under the PCT. It is not a PCT Application.

What are the benefits of using the Patent Cooperation Treaty?

The PCT application streamlines the process for inventors seeking worldwide patent protection. The PCT application is one utility application filed with one International Receiving Office that delays the deadline to file in multiple foreign patent offices. The cost to file multiple patent applications throughout the world can be delayed for up to 18 months. During that time, you can test market your product in foreign countries. Based on the success of your marketing, you can choose to file a PCT national phase patent application in those commercially viable countries.

More than 150 countries have signed the PCT or Patent Cooperation Treaty. As such, by filing one PCT application, you gain worldwide patent pending status and access to major economic markets.

A few countries are not a part of the Patent Cooperation Treaty. For them, such as Taiwan and Hong Kong, you need to file a patent application outside of the PCT process, as discussed below.

Which countries are PCT contracting states?

As of February 20, 2022, 155 countries have signed the Patent Cooperation Treaty.

A few contracting states of the PCT include regions. For example, Europe includes 38 contracting states in its region. Also, additional validation states and extension states are included by filing the PCT national phase application with the European Patent Office.

When you file the PCT Application, designate all of the PCT contracting states because the cost is the same whether you designate only one or all of them. In this way, you have to option to file in any of the PCT contracting states later when the PCT national phase application is due.

Expand for list of PCT contracting states

Two-Letter Code	Name of State	Date on Which State Became Bound by the PCT
AE	United Arab Emirates	10-Mar-99
AG	Antigua and Barbuda	17-Mar-00
AL	Albania	4-Oct-95
AM	Armenia2	25-Dec-91
AO	Angola	27-Dec-07
AT	Austria	23-Apr-79
AU	Australia	31-Mar-80
AZ	Azerbaijan	25-Dec-95
BA	Bosnia and Herzegovina	7-Sep-96
BB	Barbados	12-Mar-85
BE	Belgium	14-Dec-81
BF	Burkina Faso	21-Mar-89
BG	Bulgaria	21-May-84
BH	Bahrain2	18-Mar-07
BJ	Benin	26-Feb-87
BN	Brunei Darussalam	24-Jul-12
BR	Brazil	9-Apr-78
BW	Botswana	30-Oct-03
BY	Belarus2	25-Dec-91
BZ	Belize	17-Jun-00
CA	Canada	2-Jan-90
CF	Central African Republic	24-Jan-78
CG	Congo	24-Jan-78
CH	Switzerland	24-Jan-78

CL	Chile2	2-Jun-09
CM	Cameroon	24-Jan-78

CO	Colombia	28-Feb-01
CR	Costa Rica	3-Aug-99
CU	Cuba2	16-Jul-96
CY	Cyprus	1-Apr-98
CZ	Czechia	1-Jan-93
DE	Germany	24-Jan-78
DJ	Djibouti	23-Sep-16
DK	Denmark	1-Dec-78
DM	Dominica	7-Aug-99
DO	Dominican Republic	28-May-07
DZ	Algeria2	8-Mar-00
EC	Ecuador	7-May-01
EE	Estonia	24-Aug-94
EG	Egypt	6-Sep-03
ES	Spain	16-Nov-89
FI	Finland5	1-Oct-80

GA	Gabon	24-Jan-78
GB	United Kingdom7	24-Jan-78
GD	Grenada	22-Sep-98
GE	Georgia2	25-Dec-91
GH	Ghana	26-Feb-97
GM	Gambia	9-Dec-97
GN	Guinea	27-May-91
GQ	Equatorial Guinea	17-Jul-01
GR	Greece	9-Oct-90
GT	Guatemala	14-Oct-06
GW	Guinea-Bissau	12-Dec-97
HN	Honduras	20-Jun-06
HR	Croatia	1-Jul-98
HU	Hungary2	27-Jun-80
ID	Indonesia2	5-Sep-97
IE	Ireland	1-Aug-92
IL	Israel	1-Jun-96
IN	India2	7-Dec-98
IQ	Iraq	(will become bound on 30 April 2022)
IR	Iran (Islamic Republic of)	4-Oct-13
IS	Iceland	23-Mar-95
IT	Italy	28-Mar-85
JM	Jamaica	10-Feb-22
JO	Jordan	9-Jun-17
JP	Japan	1-Oct-78
KE	Kenya	8-Jun-94
KG	Kyrgyzstan2	25-Dec-91
KH	Cambodia	8-Dec-16
KM	Comoros	3-Apr-05
KN	Saint Kitts and Nevis	27-Oct-05

KR	Republic of Korea	10-Aug-84
KW	Kuwait	9-Sep-16
KZ	Kazakhstan2	25-Dec-91

LC	Saint Lucia2	30-Aug-96
LI	Liechtenstein	19-Mar-80
LK	Sri Lanka	26-Feb-82
LR	Liberia	27-Aug-94
LS	Lesotho	21-Oct-95
LT	Lithuania	5-Jul-94
LU	Luxembourg	30-Apr-78
LV	Latvia	7-Sep-93
LY	Libya	15-Sep-05
MA	Morocco	8-Oct-99
MC	Monaco	22-Jun-79
MD	Republic of Moldova2	25-Dec-91
ME	Montenegro	3-Jun-06
MG	Madagascar	24-Jan-78
MK	North Macedonia	10-Aug-95
ML	Mali	19-Oct-84
MN	Mongolia	27-May-91
MR	Mauritania	13-Apr-83
MT	Malta2	1-Mar-07
MW	Malawi	24-Jan-78
MX	Mexico	1-Jan-95
MY	Malaysia2	16-Aug-06
MZ	Mozambique2	18-May-00
NA	Namibia	1-Jan-04
NE	Niger	21-Mar-93
NG	Nigeria	8-May-05
NI	Nicaragua	6-Mar-03
NL	Netherlands8	10-Jul-79
NO	Norway5	1-Jan-80
NZ	New Zealand	1-Dec-92
OM	Oman2	26-Oct-01

PE	Peru	6-Jun-09
PG	Papua New Guinea	14-Jun-03
PH	Philippines	17-Aug-01
PL	Poland5	25-Dec-90
PT	Portugal	24-Nov-92

RO	Romania2	23-Jul-79
RS	Serbia9	1-Feb-97
RU	Russian Federation2	29 March 197810
RW	Rwanda	31-Aug-11
SA	Saudi Arabia	3-Aug-13
SC	Seychelles	7-Nov-02
SD	Sudan	16-Apr-84
SE	Sweden5	17-May-78
SG	Singapore	23-Feb-95
SI	Slovenia	1-Mar-94
SK	Slovakia	1-Jan-93
SL	Sierra Leone	17-Jun-97
SM	San Marino	14-Dec-04
SN	Senegal	24-Jan-78
ST	Sao Tome and Principe	3-Jul-08
SV	El Salvador	17-Aug-06
SY	Syrian Arab Republic	26-Jun-03
SZ	Eswatini	20-Sep-94
TD	Chad	24-Jan-78
TG	Togo	24-Jan-78
TH	Thailand2	24-Dec-09
TJ	Tajikistan2	25-Dec-91
TM	Turkmenistan2	25-Dec-91
TN	Tunisia2	10-Dec-01
TR	Turkey	1-Jan-96
TT	Trinidad and Tobago	10-Mar-94
TZ	United Republic of Tanzania	14-Sep-99
UA	Ukraine2	25-Dec-91
UG	Uganda	9-Feb-95

UZ	Uzbekistan2	25-Dec-91


WS	Samoa2	2-Jan-20
ZA	South Africa2	16-Mar-99
ZM	Zambia	15-Nov-01
ZW	Zimbabwe	11-Jun-97

What is the PCT Process?

The PCT process consists of two phases – an international phase followed by a national phase.

When you file a PCT application, you enter the international phase of the PCT.

The national phase of the PCT begins when you file a PCT Application with a foreign patent office. The application is called a PCT national phase application.

What is the international phase of the PCT?

The International Phase of the PCT starts when a receiving office is selected, the contracting states of the PCT are designated, and after filing of the PCT application. Select all PCT contracting states because the costs are the same whether you select one or all of them. The International Phase ends 30 or 31 months from the filing of the earliest priority application.

For example, the international phase ends 30 months (July 1, 2024) or 31 months (August 1, 2024) for a U.S. provisional or nonprovisional patent application filed on January 1, 2022.

When do you have to file the PCT application?

The PCT application must be filed one year from the earliest filing date of your patent application. For example, the PCT application must be filed by January 15, 2023 for a U.S. provisional and nonprovisional patent application filed on January 15, 2022.

If the deadline is missed, a “request for restoration of the right of priority” may be filed within two months. Be safe! Don’t miss the deadline to file the PCT application because restored priority has significant problems and some countries (e.g., India) do not allow it.

The PCT application or the patent application which it claims priority must be filed before you market your product. Otherwise, your patent in foreign countries will be invalid because it is does not meet the requirement of absolute novelty.

Absolute novelty refers to the requirement that no one in the public must know about your invention before the patent application is filed. Any sort of marketing you do destroys the absolute novelty of your invention. Most foreign countries require absolute novelty. In contrast, the United States requires relative novelty which allows you to market your invention before the filing of the patent application.

What is a PCT National Phase Application?

A PCT national phase application is a PCT Application filed with the Patent Office of a contracting state under the PCT. For example, a PCT Application filed with the United States Patent and Trademark Office or the European Patent Office is called a PCT national phase application.

The national phase of the PCT starts when the PCT national phase application is filed. PCT contracting states allow you to file a PCT national phase patent application 30 or 31 months from the earliest priority date. See list below.

When do you have to file the PCT National Phase Application?

The PCT national phase application must be filed 20, 30, or 31 months from the earliest priority date.

For example, if you filed a U.S. provisional or nonprovisional patent application on January 1, 2022, and the PCT application on December 15, 2022, the deadline to file the PCT national phase application in the PCT contracting states is 30 or 31 months from January 1, 2022.

Instruct your patent attorney early in the process of any countries you want to seek patent protection. The documentation to file in certain foreign countries require a month or two to secure. For example, foreign patent offices may require a translation of your patent application in the local language. Or, they may require you to get a power of attorney legalized, authenticated or apostilled. These documents take a lot of time to prepare.

Expand for list of deadlines to file PCT National Phase Application

Two Letter Country Code	Country	Time Limit
AE	United Arab Emirates	30
AG	Antigua and Barbuda	30
AL	Albania	31
AM	Armenia	31
AO	Angola	30
AP	African Regional Intellectual Property Organization	31
AT	Austria	30
AU	Australia	31
AZ	Azerbaijan	30
BA	Bosnia and Herzegovina	34
BB	Barbados	30
BG	Bulgaria	31
BH	Bahrain	30
BN	Brunei Darussalam	30
BR	Brazil	30
BW	Botswana	31
BY	Belarus	31
CH	Switzerland	30
CZ	Czechia	31
DE	Germany	30
DJ	Djibouti	30
DK	Denmark	31
DM	Dominica	30
EE	Estonia	31
EP	European Patent Organisation	31
ES	Spain	30
FI	Finland	31
GB	United Kingdom	31
GD	Grenada	30
GH	Ghana	30
GM	Gambia	30
HN	Honduras	30
HR	Croatia	31
HU	Hungary	31
IR	Iran (Islamic Republic of)	30
IS	Iceland	31
IT	Italy	30
JM	Jamaica	30
JO	Jordan	30
KE	Kenya	30
KG	Kyrgyzstan	31
KH	Cambodia	30
KN	Saint Kitts and Nevis	30
KW	Kuwait	30
KZ	Kazakhstan	31
LC	Saint Lucia	30
LR	Liberia	30
LS	Lesotho	30
LU	Luxembourg	20
LY	Libya	30
MD	Republic of Moldova	31
ME	Montenegro	30
MK	North Macedonia	31
MW	Malawi	30
MZ	Mozambique	31
NA	Namibia	31
NO	Norway	31
OA	African Intellectual Property Organization	30
PA	Panama	30
PL	Poland	30
PT	Portugal	30
QA	Qatar	30
RO	Romania	30
RS	Serbia	30
RU	Russian Federation	31
RW	Rwanda	30
SA	Saudi Arabia	30
SD	Sudan	30
SE	Sweden	31
SK	Slovakia	31
SL	Sierra Leone	31
ST	Sao Tome and Principe	30
TJ	Tajikistan	30
TM	Turkmenistan	30
TR	Turkey	30
UG	Uganda	30
VC	Saint Vincent and the Grenadines	31
WS	Samoa	31
ZM	Zambia	30
ZW	Zimbabwe	30

How much does a PCT application cost?

The cost of the PCT application depends on the Receiving Office that you choose. If you select the United States Patent and Trademark Office (USPTO) or the European Patent Office (EPO) as the Receiving Office, the PCT application will cost you about $5,500.

On the other hand, if you select Russia as the Receiving Office, the PCT application will cost you about $3,500.

The difference between the two (USPTO and EPO versus Russia) is quality and cost. The Russian Patent Office may have a lower quality search but has a lower cost. The EPO and the USPTO may have a higher quality search but the costs are also higher. Many times, you don’t need a high quality search for the PCT process especially if your U.S. patent application has already been examined or will shortly be examined. You can save money on process of protecting your invention foreign countries in this area. Speak with you patent attorney on strategies for getting this done.

Which countries are not PCT contracting states?

Many countries are not a part of the Patent Cooperation Treaty. Only a few of these countries have significant economies such as Taiwan and Hong Kong. See the full list below.

Taiwan
1. Typically, a patent application is filed in Taiwan within one (1) after filing your U.S. application (provisional or nonprovisional patent application). Priority is claimed to the filing date of your U.S. patent application.
Hong Kong
1. Although Hong Kong is not a part of the PCT, you can get a patent in Hong Kong if you file directly into Hong Kong or file a patent application China (People’s Republic of China) or Europe.

Expand for list of non-PCT contracting states

Countries which are not a part of the PCT
Afghanistan
Andorra
Argentina
Bahamas
Bangladesh
Bermuda
Bhutan
Bolivia
Burundi
Cape Verde
East Timor
Ethiopia
Fiji
Gulf Cooperation Council (GCC) (GCC itself is not a member, but all its countries are, including Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and UAE)
Guyana
Haiti
Iraq
Jamaica
Lebanon
Mauritius
Myanmar
Nauru
Nepal
Pakistan
Paraguay
Rwanda
Solomon Islands
Somalia
Somaliland
South Sudan
Suriname
Taiwan
Tonga
Uruguay
Vanuatu
Vatican City (Holy See)
Venezuela
Western Samoa
Yemen
Zaire

How to file a patent application in a non-PCT Contracting State?

For non-PCT contracting states, you have to file directly with the patent office of that country. Your patent attorney should have a network of foreign associates you can rely on to file foreign patent applications.

Many non-PCT contracting states allow you to file a patent application and claim priority back to your U.S. patent application. Typically, you must do so within one year of the filing date of your U.S. application. In this way, you can receive the benefit of the filing date of your U.S. application in the non-PCT contracting states.

For example, Taiwan allows you to file a patent application within one year of the filing of your U.S. application.

The downside to filing a patent in a non-PCT contracting states is that you have to incur the filing expense immediately. You can’t delay the foreign filing expenses for 18 months as you can for PCT contracting states.

Some foreign countries which are not PCT contracting states allow you to seek patent protection through the PCT. For example, Hong Kong allows you to get a patent when you receive a patent in China or Europe. Just because the foreign country is not a PCT contracting state, ask your patent attorney how to get protection in the foreign country cost-effectively.