Patent Cooperation Treaty - Procedure - Filing

Filing

The first step of the procedure consists of filing an international (patent) application with a suitable patent office, called a Receiving Office (RO). This application is usually called an international application or simply a PCT application since it does not result in an international patent nor in a PCT patent (both of which do not exist). The international application needs to be filed in one language only, although translations may still be required for international search and international publication, depending on the language of filing and the International Searching Authority to be used. At least one applicant (either a physical or legal person) must be a national or resident of a contracting state to the PCT; otherwise, no international filing date is accorded. In most member states, the applicant or at least one of the applicants of the application is required to be a national or resident of the state of the receiving office where the application is filed. Applicants from any contracting state may file an international patent application at the International Bureau in Geneva.

Upon filing of the international application, all contracting states are automatically designated. Subject to reservations made by any contracting state, an international patent application fulfilling the requirements of the treaty and accorded an international filing date has the effect of a regular national application in each designated state as of the international filing date, which date is considered to be the actual filing date in each designated State. However, in some countries, the prior effect of an international application filed outside such countries may be different from the prior effect of a local national application. For example, in the United States, an international patent application filed outside the United States has a different prior art effect than a direct US application.