Patent Law (UK) - Patent Cooperation Treaty (PCT) Flashcards
An overview of Patent Cooperation Treaty (PCT).
What is the purpose of the PCT?
To unify the procedure for seeking patent protection globally.
What are the two main phases of the PCT process?
International phase and national (or regional) phase.
Which office is responsible for administering the PCT system?
World Intellectual Property Organization (WIPO).
What is required for a valid international filing date under Article 11?
A request form, applicant’s name, description, claims, and at least one designated state.
What type of search is conducted by the International Searching Authority (ISA)?
Written prior art search.
What is the maximum standard timeline for transitioning from the international phase to the national phase?
30 months.
What document is prepared by the ISA to assess the patentability of the invention?
Written opinion.
What is the purpose of a supplementary international search?
To identify additional prior art after the first search.
What must an applicant do to enter the national phase in the UK?
Provide translations, pay fees, and undergo a formalities check.
What document extends protection temporarily after the international application is published?
Provisional rights document.
The PCT replaces the need for national or regional patent applications.
True or False
False
Explanation: The PCT facilitates patent filing in multiple countries but does not replace national or regional procedures.
The international publication of a PCT application occurs 18 months from the priority date, unless an earlier publication is requested.
True or False
True
A single applicant must meet the eligibility requirements for all contracting states under the PCT.
False
Explanation: Only one applicant needs to meet eligibility for the receiving office.
The written opinion of the ISA is mandatory for all applications and determines final patentability.
False
Explanation: While mandatory, it serves as a non-binding assessment of patentability.
Third-party observations are only accepted during the national phase.
False
Explanation: They can be submitted centrally during the international phase.
An applicant can forego entering certain countries during the national phase by undesignating them during the international phase.
True
The PCT does not allow the applicant to amend the claims during the international phase.
False
Explanation: Claim amendments are allowed, particularly during the Chapter II process.
Each contracting state applies its national patent laws during the national phase.
True
A supplementary search is only allowed within 6 months of the priority date.
False
Explanation: It can be requested within 22 months from the priority date.
An application filed under the PCT is considered equivalent to a national application in all designated states.
True
What are the key differences between the international phase and the national phase in the PCT process?
The international phase involves filing, searching, optional Chapter II examination, and publication under PCT rules.
The national phase applies the rules of individual jurisdictions for substantive examination, leading to grant or rejection.
Describe the role of the Receiving Office (RO), International Bureau (IB), and International Searching Authority (ISA) in the PCT process.
RO: Accepts and processes applications to ensure filing date requirements are met.
IB: Administers the PCT system and handles publication and record maintenance.
ISA: Conducts searches and provides a written opinion on patentability.
How does the national phase differ between the UK and the European Patent Office (EPO)?
UK: Requires English translations, fee payment, and local examination.
EPO: Requires translations into English, French, or German and may conduct supplementary searches.
What rights are conferred upon the applicant once their international application is published?
Provisional rights establish protection, provided the application is in English or translated.
