5ipr PDF
5ipr PDF
N. S. Raghava
Department of Information Technology,
Delhi Technological University Bawana
Road, Delhi – 110042.
[email protected]
THE PATENT COOPERATION TREATY,
1970 (As amended/modified in 1979, 1984, 2001 and
as in force from April, 2002)
Under the national patent system, an
inventor seeking protection for his
invention in several countries has to
file individual applications in each
country. If there is a regional patent
system like the European Patent
System or African Regional Industrial
Property Organization which grant
patent valid for each country of the
system, one application filed in the
regional office can do.
Contd…
Under the Paris Convention for the
Protection of Industrial Property, 1883, as
last revised/amended in 1979, if one filed
a patent application in a member
country, one can file application in other
member countries within 12 months of
the filing of the first application and claim
the same date of priority as for the first
application.
Contd…
However, one still had to file application
individually in each country conforming to laws,
rules and regulations of the concerned country,
including the preparation of the application in the
prescribed language.
This entailed costs on translation, patent attorneys
and application fees for each country. The
application would be examined in each country
independently as to form, prior art and substance.
And one would not be sure if the patent would be
granted in a particular country. This was a great
impediment for flow of technology and
international trade and commerce.
Contd…
In 1970, International Union for the
Protection of Industrial Property (BIRPI –
French acronym - the predecessor of
WIPO), after a series of meetings,
adopted in June 1970, a treaty called
the Patent Cooperation Treaty (PCT).
The PCT entered into force on January
24., with 18 contracting parties initially.
In 2007, that number has risen to 137.
The PCT is an agreement for
international cooperation in the field of
patents.
Contd…