14. 12. 2020 Od admin Off

Pct Agreement Members

Another way to protect or extend patents abroad is through regional organizations or agreements. While the signatories of the PCT, Luxembourg and Tanzania apply a period of 20 and 21 months for the patent application with the local patent office. However, the use of regional agreements can extend the time to enter national offices to 30/31 months from the priority date. This is the case of the European Patent Organization and Luxembourg or the African Regional Intellectual Property Organisation (ARIPO) for Tanzania. This is an advantageous bypass option that gives applicants a longer period of time to present their patents in Luxembourg and Tanzania. Unlike the above is the Gulf Cooperation Council (GCC), which is not a member of the PCT, while all its member countries are, including Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. It is also worth noting Hong Kong and Macao, which have ip systems independent of mainland China and have signed agreements with other IP offices leading to local protection of PCT applications. Hong Kong recognizes PCT applications that have entered the national phase as European, British or Chinese patents. Macao recognizes PCT applications filed in mainland China and has unenforced provisions for the recognition of European patents. As many of you know, Argentina is still one of the few countries that are not yet members of the Patent Cooperation Treaty (PCT) and, therefore, your client application cannot be filed by this route in our country. Countries in blue are members of the PCT, while countries in grey are not. Source: WIPO (2020) The PCT is useful because it allows inventors to access an international research report that contains a non-binding opinion on patentability requirements and allows them to know whether the patent is more likely to be issued, whether it needs to be withdrawn, or whether modifications are needed to better distinguish it from the current state of the art. From a procedural point of view, the PCT has put in place a procedure for standardising procedures, forms and deadlines for all IP offices of all contracting parties, which has peaked in a total of 30 months for the applicant to choose the countries where the protection of his invention was indeed to be requested, taking into account the date of the first application (i.e.

the priority date). Yet, like other international treaties, not all countries have ratified the PCT. It currently has 153 contracting parties (2020), while the Un has 193 full members. Therefore, the above benefits cannot be applied worldwide, i.e. the 30-month limit for deciding which countries are sought for protection. The European Patent Organisation and the Government of Montenegro signed an agreement on 16 February 2009 to extend European patents to Montenegro. It was announced that the deadline for this extension was March 1, 2010. It will be possible to extend to Montenegro the protection of international applications filed on or after that date, which are the subject of European applications and patents. The Washington Diplomatic Conference on the Patent Cooperation Treaty was held in Washington from May 25 to June 19, 1970. The Patent Cooperation Treaty was signed on the last day of the conference, 19 June 1970.

The treaty came into force on 24 January 1978, first with 18 contracting states. [7] The first international applications were filed on June 1, 1978. [7] The treaty was amended in 1979 and amended in 1984 and 2001. [8] As of 2019, PCT membership consisted of 152 States Parties. Argentina remains the only medium or large economy outside the system.