Patent Law (UK) - Patent Cooperation Treaty (PCT)

Question 1

What is the purpose of the PCT?

Answer 1

To unify the procedure for seeking patent protection globally.

Question 2

What are the two main phases of the PCT process?

Answer 2

International phase and national (or regional) phase.

Question 3

Which office is responsible for administering the PCT system?

Answer 3

World Intellectual Property Organization (WIPO).

Question 4

What is required for a valid international filing date under Article 11?

Answer 4

A request form, applicant’s name, description, claims, and at least one designated state.

Question 5

What type of search is conducted by the International Searching Authority (ISA)?

Answer 5

Written prior art search.

Question 6

What is the maximum standard timeline for transitioning from the international phase to the national phase?

Answer 6

30 months.

Question 7

What document is prepared by the ISA to assess the patentability of the invention?

Answer 7

Written opinion.

Question 8

What is the purpose of a supplementary international search?

Answer 8

To identify additional prior art after the first search.

Question 9

What must an applicant do to enter the national phase in the UK?

Answer 9

Provide translations, pay fees, and undergo a formalities check.

Question 10

What document extends protection temporarily after the international application is published?

Answer 10

Provisional rights document.

Question 11

The PCT replaces the need for national or regional patent applications.

True or False

Answer 11

False

Explanation: The PCT facilitates patent filing in multiple countries but does not replace national or regional procedures.

Question 12

The international publication of a PCT application occurs 18 months from the priority date, unless an earlier publication is requested.

True or False

Answer 12

True

Question 13

A single applicant must meet the eligibility requirements for all contracting states under the PCT.

Answer 13

False

Explanation: Only one applicant needs to meet eligibility for the receiving office.

Question 14

The written opinion of the ISA is mandatory for all applications and determines final patentability.

Answer 14

False

Explanation: While mandatory, it serves as a non-binding assessment of patentability.

Question 15

Third-party observations are only accepted during the national phase.

Answer 15

False

Explanation: They can be submitted centrally during the international phase.

Question 16

An applicant can forego entering certain countries during the national phase by undesignating them during the international phase.

Answer 16

True

Question 17

The PCT does not allow the applicant to amend the claims during the international phase.

Answer 17

False

Explanation: Claim amendments are allowed, particularly during the Chapter II process.

Question 18

Each contracting state applies its national patent laws during the national phase.

Answer 18

True

Question 19

A supplementary search is only allowed within 6 months of the priority date.

Answer 19

False

Explanation: It can be requested within 22 months from the priority date.

Question 20

An application filed under the PCT is considered equivalent to a national application in all designated states.

Answer 20

True