International PCT patent application – Patent Cooperation Treaty
The PCT (Patent Cooperation Treaty) lets an applicant seek international patent protection across all PCT member states, or a national/regional patent in selected countries. It is administered by the World Intellectual Property Organization (WIPO) in Geneva. Any Slovak citizen, or anyone with a registered office or permanent residence in Slovakia, may file an international application.
PCT form, requirements and filing
A PCT application must be submitted to the Industrial Property Office in Bratislava, to the International Bureau of WIPO in Geneva, or electronically free of charge using the OLF software. Electronic filing requires a signature via a smart card issued by the European Patent Office. Formally, the application must be completed in English, German or French. If it is filed in Slovak, a translation into English, German or French must be delivered to the above institutions within one month of filing the international application.
International application proceedings
After a PCT application is filed, the proceedings run in two clearly defined stages: the international phase and the national phase.
- International phase – Within 18 months of filing, the authorities prepare an international search report and a written opinion, which are then published together with the PCT application. Based on these results, the applicant can decide in which member states to seek a national or regional patent. The period between the priority date and entry into the national/regional phase is 30 months. For states whose national law is not yet aligned with the PCT, the period is 20 months, which can be extended to 30 months if the applicant files form PCT/IPEA/401 within 19 months of the priority date and pays the related fees.
- National phase – In the second stage of the PCT proceedings, the applicant must:
- a) meet the individual national requirements of each chosen state;
- b) pay the national fees of each chosen state;
- c) appoint representatives to deal with the relevant national/regional offices.
Form and fees
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