Everything GCC Inventors Should Know About Patent Cooperation Treaty
If you are seeking to perform patent registration in the GCC region for your inventions, the question shouldn’t be where to patent your invention but how to. The GCC is composed of six member countries: the UAE, Kingdom of Saudi Arabia, Oman, Bahrain, Kuwait and Qatar. Instead of thinking about which country to apply to, you should think about the different patent filing methods and choose the appropriate one.
You have two methods of patent protection options in the GCC region. You can either file a patent through the National Patent Office of the respective GCC country or the Patent Cooperation Treaty (PCT) filing system. PCT is an international patent filing system where you can gain patent protection in a large number of countries with a single application(in one language). In this article, we discuss the vital aspects of registering a patent in the GCC region through the PCT region.
What is the Patent Cooperation Treaty (PCT)?
The PCT is an international patent application system administered by the World Intellectual Property Organisation (WIPO). More than 150 countries (153) are party to the PCT system, which means the applicants can get their patents protected in those countries in a single filing. Currently, all six GCC countries allow patent registration through the PCT system. Patent registration agents in the GCC region can help you with the practical considerations of the PCT filing system. According to the agreement, all citizens and residents of one of the treaty member states have the right to submit an international application at any office of their choice.
The Process of Filling a Patent under the PCT system
The WIPO has set out a highly streamlined procedure for patent registration under the PCT system. Prior knowledge about the procedure will make the process of GCC patent registration much easier for the applicants. The below are the standard procedures for registering a parent under the PCT system:
1. Filing of the Patent
In this step, you are required to file an international application with a national or regional patent Office or WIPO. You can file the patent in a single language in many jurisdictions. Seek the help of patent agents in the GCC region to ensure you meet the formal requirements and pay the required fees.
2. International Search
The filed application will be reviewed for its patentability by an International Searching Authority (ISA). The ISA identifies the published patent documents and technical literature which may influence whether your invention is patentable. The ISA will establish a written opinion on your invention’s potential patentability at that stage.
3. International Publication
When 18 months pass from the earlier filing date, the content of the international patent will be disclosed to the public.
This international publication must be accompanied by the international search report (ISR)
4. Supplementary International Search
This is an optional step. In this stage, you can request a second ISA to identify published documents that may not have been found by the first ISA which carried out the main search. The rationale behind this process is that the first ISA may have failed to identify published documents due to the diversity of prior art in different languages and different technical fields.
5. International Preliminary Examination
This is an additional search conducted by one of the ISAs at your request. In this patentability analysis, the ISA examines a version of your application which you have amended in light of the content of the written opinion. This is also an optional process.
6. National Phase
Even if you file your patents through the PCT system, the responsibility of granting the patent rests with the national patent offices of the countries in which you seek the patent grant. This is called the national phase, which begins usually at 30 months from the earliest filing date of your initial application. More information can be gleaned from the best patent registration agents in the GCC region.
Benefits of Patent Cooperation Treaty System
Performing International patent registration through the PCT system comes with the following benefits:
1. Filing one international patent application in one language
The most important benefit of this treaty is the filing of one international application in one language, which leads to facilitates the process of obtaining a patent in the member states of this agreement at the same time.
2. More Time to Make a Decision
You get more time (30 months) to decide on the foreign countries in which you can register a patent. You will also get time to appoint your patent registration agents, get the translation done and pay the national fees
3. Cost Saving
The PCT system saves you cost as you need to pay the cost for filing a single application while getting patent protection in multiple jurisdictions. In case your invention is found to be not patentable at the International phase, you can abandon the PCT filing. The loss would be higher if you applied in multiple foreign countries through multiple national filings. You can save the costs on document preparation as you need not prepare documents for different patent offices.
4. Ability to Amend
You will get a chance to amend the international application during the optional international preliminary examination. You can also enter into dialogue with the examiner to fully argue your case and put the application in order before processing it by the various national patent offices.
5. Increases Chances of Licensing
International publication of the patent lets the world notice your invention. You may also highlight your interest in concluding licensing agreements on PATENTSCOPE, which can be an effective means of advertising and looking for potential licensees.
6. Technology transfer and best utilization
Putting technology within the reach of everyone results in simplifying the procedures carried out by the offices, which leads to alleviating the burden on these offices, and thus facilitating the reception and study of applications and the issuance of appropriate decisions regarding them.
How Can Jitendra Intellectual Property Help with Patent Registration in GCC?
The process of patent registration in the GCC region becomes a cost-effective and simple affair if you file through the PCT system. However, expert assistance of patent registration agents in the GCC region is recommended for filing the patent application without any error. When it comes to GCC patent agents, look no further than Jitendra Intellectual Property (JIP). We are one of the best patent registration agents in the GCC region. We would assist you in all the processes of patent registration including drafting of documents and translation of documents.