International (PCT) Patent Application Procedure

International (PCT) Patent ApplicationsPatents are granted as territorial rights and it not possible to obtain "worldwide" patent protection through a single patent application.

However, a PCT application is a single patent application, which sets the ball rolling for patenting in most industrialised countries.

A PCT application provides an effective way of deferring the costs of multiple foreign filings, obtaining a good quality novelty search, and potentially amending the claimed subject matter in the light of the search, prior to committing to national or regional filings, known as national or regional phase entry.

Costs are set out below, but please feel free to contact us, either by telephone or e-mail here, or via our Enquiry Form, with any queries.

 

 

International Search Report (ISR) and Written Opinion

Once filed, the application is searched (for example, by the European Patent Office) and an International Search Report (ISR) and Written Opinion are issued. The application is then published 18 months from the filing date, or from the priority date, if priority is claimed.

 

International Preliminary Examination (IPE)

Optionally, International Preliminary Examination (IPE) can be requested and a fee paid, either 22 months from the priority date or 3 months after issuance of the ISR, which results in an Examination Report being issued. This is useful if amendment of the application proves necessary. In any event, an International Preliminary Report on Patentability (IPRP) is always issued to the Patent Offices in the countries covered by the application. We can advise you on a case by case basis whether or not we believe requesting IPE would be helpful.

 

The end of the International Phase - National and Regional Phase Entry

At 30/31 months from the priority date, the application leaves the International Phase and enters the National and Regional Phase. In other words, national and regional applications are made in countries of interest based on the international application as it stands following any amendments in the International Phase. For example, you may wish to file a European patent application which is a regional application, and national applications in the United States, Australia, China and Japan. These applications are then prosecuted individually.

 

Costs

Our drafting costs for our attorneys are charged on an hourly basis of £195 + VAT.

Our service charge for filing is a great value £965 + VAT (click here for present exchange rates) for filing, which includes one claim to priority from an earlier application.

The official fees are available by clicking here, and presently typically comprise :

Transmittal fee : £75

Search fee : £1557

International fee : £794 * with a £119 reduction for electronic filing

* - each sheet over 30 requires a further small fee. Refer to the link to the official fees above.

The above costs do not include the request for IPE.

Please note that significant costs can be incurred on entry into the national and regional phases at the 30/31 month deadline from the priority date.

We are happy to discuss the above likely costs further with you, as well as outlining likely future costs to allow you to budget effectively.

Please do not hesitate to contact us, either by telephone or e-mail here, or via our Enquiry Form.