Friday, February 19, 2021

PCT Saga

 

A Treaty that basically Extends Timeline. The original intent of Patent Corporation Treaty or PCT is to Extend the Timeline w.r.t. giving leverage to thought & action of the Applicant, as whether to expand Scope of its Patent Worldwide or Not; the timeline which in itself vary demographically from 30-31 months period. So rather an Applicant directly approaching convention country for its Patent Application; if & when approached via PCT within one year of filing basic or original Application locally or nationally; leverage given by PCT enables the Applicant to get additional timeline, & further examination reports, to give a thought in detail to ascertain first about the distinctiveness & novelty of the Invention; before spending exorbitant amounts per Nation directly.

Note that PCT isn’t the Acceptance nor Grant of Application Worldwide; rather, only a timeline that’s extended upto 30-31 months period, wherein the Applicant can decide to approach the opted convention countries before the expiration of the said timeline. And once decided, opted & filed in different convention countries, then comes the local acts & rules wherein the Application is processed as if it’s filed originally in accordance to the local laws. One might get or not, Grant, in the opted Nation; all depends on the prosecution, novelty & uniqueness of the said Application. And furthermore maybe, a Centralized or Distributed DB of 'All' Applications  (Translated into 'One' Language) from all Offices of Origin + Some proposed #AI Search Tool to prepare single ISR (one step) which is further ratified into WO by Examiner(s) would be more precise!

That’s why I consider PCT -> a delayed thought & action. 😊

© Pranav Chaturvedi

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