Patents 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.

 

 

 

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.

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.

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.

The cost of drafting an International Patent Specification is time dependent, but usually costs in the region of £1800 to £2000 + VAT. Filing and requesting the search costs currently (Jan 2008) £1791 Official Fees and £965 + VAT service charge. The service charge includes claiming one earlier priority.  Please note that the fees increase for applications with over 30 sheets, but does include one UK priority document prepared by the UK Intellectual Property Office.
You should therefore realistically budget for a cost of around £4750 (excl VAT).

The cost of requesting IPE including paying the official fee is currently (Feb 2007) around £1700 (excl VAT). 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.