The Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty, or better known as the PCT, is an international agreement designed to facilitate and expedite the processing of applications for registration of inventions in the approximately one hundred and fifty-three member countries, by means of a single application which is replicated in each of the offices where protection is sought in order to follow the procedure.

The International Office of the World Intellectual Property Organization (WIPO) is responsible for communicating and coordinating the processing of PCT patent applications in each country, as well as administering the Patent Cooperation Treaty (PCT).

As a first phase (also called the international phase), the patent application by PCT is submitted to the International Bureau of the World Intellectual Property Organization (WIPO), in one language and with the corresponding one-off payment of the fee package, Once received it is subjected to an international search for a history of inventions and the result is delivered through an international search report together with a preliminary but non-binding written opinion on the possible fulfilment of the requirements of patentability; novelty, inventive activity, industrial application, as well as with the form requirements: data of the applicant, the inventor and the invention such as the title, description, claims, drawings and summary.

In the event that the application complies with the requirements, the application is published internationally in order to make it known that the procedure has been initiated, Subsequently, the application for patent registration by the initial PCT is replicated in each of the national offices where the request for its protection is made, thus initiating the second phase or national phase.

Once the application for patent registration by PCT has entered the national phase, in the chaos of Mexico, the procedure is followed in accordance with the Industrial Property Law, its regulations and the Patent Cooperation Treaty, beginning with the form examination, to verify that the necessary documents and information are properly integrated in the patent application file otherwise the applicant is required to comply with the requirements and if he does not comply with them the application is rejected.

On the other hand, if the formal examination is approved, the application is published in the Industrial Property Gazette of the Mexican Industrial Property Institute (IMPI), and then the substantive examination is carried out to verify that the invention is novel, product of an inventive activity and having an industrial application, if the Institute complies with it communicate the granting of the patent of the invention otherwise it will require the applicant and if he does not comply with the indicated will refuse the patent.

All communications between the Mexican Industrial Property Institute (IMPI) and the patent applicant will be carried out with the support of the International Bureau of the World Intellectual Property Organization (WIPO), saving time and resources.

Bandala | Díaz | García advises you on patent protection.