眾律國際法律事務所 專利工程師暨法務專員林春宏

 

美國柏克萊加州大學 分子生物學士

美國柏克萊加州大學 資訊管理 碩士

加拿大英屬哥倫比亞大學 法律博士

 

2012-12-12

 

 

 

World Intellectual Property Organization (WIPO) and Patent Cooperation Treaty (PCT)

 

Patent Cooperation Treaty (PCT) is an international patent law treaty, administered by the World Intellectual Property Organization (WIPO), that provides a unified procedure for filing patent applications.   PCT applications are recognized by the contracting states of the Patent Cooperation Treaty. However, Taiwan is not a contracting state, although Taiwan will accept a priority claim based on an application under the PCT or EPC (European Patent Convention) filed by a citizen of a WTO member state.

 

The Patent Cooperation Treaty (PCT) consists of two phases: (1) international phase and (2) national phase (or regional phase). During the first phase, an international PCT application is filed with a Receiving Office (RO) in one language.   A patent search will be performed by an International Searching Authority (ISA), accompanied by a written opinion regarding the patentability of the invention. The applicant will also have the option of requesting a preliminary examination, performed by an International Preliminary Examining Authority (IPEA). After filing the international application, an applicant will usually have 30 months to enter the national (or regional) phase, with some exceptions. However, Taiwan is not a contracting state of the Patent Cooperation Treaty, so Taiwan does not recognize the 30-month grace period. A citizen of a WTO member state may claim priority by filing a patent application with the Taiwan Intellectual Property Office within 12 months of filing the PCT international application.

 

During the national or regional phase, PCT patent applications will be examined by the national patent office or the regional patent office (such as the European Patent Office) designated by the applicant. The granting of patents will be based on the patentability rules of each nation. Therefore, allowance of patent claims by one national patent office does not necessarily mean that another national patent office will also allow the patent claims. Each national patent office will make autonomous decisions regarding the granting of patents.

 

References:

Taiwan: Intellectual Property Rights Arrangements - International Aspects

http://www.ipo.gov.uk/pro-policy/policy-information/policy-notices/policy-notices-old/policy-notices-taiwan/policy-notices-taiwaninter.htm

Patent Cooperation Treaty (PCT)

http://www.wipo.int/pct/en/texts/articles/atoc.htm

 

 

 

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