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You are here: Home / Uncategorized / What is the International Phase of the PCT?

What is the International Phase of the PCT?

February 25, 2022 by James Yang

The International Phase of the Patent Cooperation Treaty (PCT) begins once an international application (PCT Application) is filed at a Receiving Office. The PCT Application remains in the international Phase for 18 or 19 months.  During this time, the PCT Application can enter either Chapter 1 or Chapter 2 routes (see below).  By default, all PCT Applications follow Chapter 1.  Optionally, a Chapter II demand can be made for the PCT Application to go through Chapter II. 

The International Phase gives you: 

  1. worldwide patent pending status,
  2. time to test market foreign markets, and
  3. a procedure to improve the likelihood of getting a patent.
International Phase of PCT

What is the difference between Chapter I and Chapter II of the International Phase of the PCT?

The primary difference between Chapter I and Chapter II of the International Phase of the PCT is the level of interaction you have with the examiner.

Under Chapter 1 of the PCT, the International Search Authority examines the claims of the PCT Application and issues a Written Opinion.  The Written Opinion lets you know whether the claims meet the requirement of novelty, inventive step (nonobviousness), and industrial applicability.  

In response, you can file one set of amendments to the claims in the PCT Application.  These amendments can address the rejections made by the examiner. 

Under Chapter II of the PCT, you can have more than one opportunity to amend your claims with the goal of having a written opinion that states that the amended claims do meet the requirements of novelty, inventive step, and industrial applicability.

Which countries is worldwide patent pending status established?

Over 150 countries have signed the Patent Cooperation Treaty (PCT).  As such, by filing a single PCT Application, your invention establishes patent pending status worldwide.

To maintain patent pending status in a foreign country, a national phase application has to be filed within 20, 30, or 31  months from the filing of the earliest priority application.

Expand for deadline to file National Phase patent application

Two Letter Country CodeCountryTime Limit
AEUnited Arab Emirates30
AGAntigua and Barbuda30
ALAlbania31
AMArmenia31
AOAngola30
APAfrican Regional Intellectual Property Organization31
ATAustria30
AUAustralia31
AZAzerbaijan30
BABosnia and Herzegovina34
BBBarbados30
BGBulgaria31
BHBahrain30
BNBrunei Darussalam30
BRBrazil30
BWBotswana31
BYBelarus31
CHSwitzerland30
CZCzechia31
DEGermany30
DJDjibouti30
DKDenmark31
DMDominica30
EEEstonia31
EPEuropean Patent Organisation31
ESSpain30
FIFinland31
GBUnited Kingdom31
GDGrenada30
GHGhana30
GMGambia30
HNHonduras30
HRCroatia31
HUHungary31
IRIran (Islamic Republic of)30
ISIceland31
ITItaly30
JMJamaica30
JOJordan30
KEKenya30
KGKyrgyzstan31
KHCambodia30
KNSaint Kitts and Nevis30
KWKuwait30
KZKazakhstan31
LCSaint Lucia30
LRLiberia30
LSLesotho30
LULuxembourg20
LYLibya30
MDRepublic of Moldova31
MEMontenegro30
MKNorth Macedonia31
MWMalawi30
MZMozambique31
NANamibia31
NONorway31
OAAfrican Intellectual Property Organization30
PAPanama30
PLPoland30
PTPortugal30
QAQatar30
RORomania30
RSSerbia30
RURussian Federation31
RWRwanda30
SASaudi Arabia30
SDSudan30
SESweden31
SKSlovakia31
SLSierra Leone31
STSao Tome and Principe30
TJTajikistan30
TMTurkmenistan30
TRTurkey30
UGUganda30
VCSaint Vincent and the Grenadines31
WSSamoa31
ZMZambia30
ZWZimbabwe30

How much time do you have to test market your product in foreign countries?

Applicants can test market their patent pending product in foreign countries while their PCT Application is in the International Phase.

PCT Applications remain in the International Phase for up to 20, 30, or 31 months from the earliest priority date. (See table above).  In other words, you have 18 or 19 months from the date that you file the PCT Application to figure out which countries you want to file a patent application in. 

Before the International Phase ends, Applicants can file a national phase application only in potentially profitable countries to continue patent pendency.  Otherwise, patent pendency will be lost and a patent can’t be secured in the foreign country.

How to improve the likelihood of getting a patent during the International Phase of the PCT?

During the International Phase, the International Search Authority (ISA) performs a patent search and prepares a Written Opinion as to whether your invention appears to be patentable and on what issues it may lack novelty or inventive step.

In response, the claims of the PCT application can be amended to address any rejections identified in the Written Opinion.  By addressing these rejections during the International Phase, Applicants can save money because they don’t have to address these issues individually when each national phase patent application is examined.  

You can do this either under Chapter I or Chapter II.  However, Chapter II has more flexibility in making amendments and trying to secure a positive written opinion on patentability.

What is USPTO's role during the International Phase of the PCT?

The USPTO may act as the Receiving Office and the International Search Authority (ISA) for the PCT Application.  However, that is not mandatory.  Typically, the U.S. will act as the Receiving Office while the International Searching Authority (ISA) is selected with a different contracting state (e.g., EPO or Russia) as the ISA.

Filing at the USPTO has its benefits. There are no surcharges required to file an international application with the USPTO. Any search or examination fees you pay to the USPTO are designated in U.S. dollars, rather than in Special Drawing Rights (SDRs). If certain procedures are followed, there are no translation requirements for applications filed in English and you may use an official translator for other language applications instead of a professional translator.

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James Yang is a patent attorney. For more than 16 years, James Yang has been representing clients to secure patent protection for their inventions and register trademarks to protect their brands. If you need help, call him at (949) 433-0900. Read More…

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