Advantages of the Patent Cooperation Treaty System

More and more Patent Offices have to consider how to utilize their existing manpower to the greatest advantage. This is true not only because of the number of patent applications which they must handle but also because of the increasing role that Patent Offices are being required to fulfill. They supply technical advisory services to local industry either in terms of advising on obtainable technologies or in connection with national research as well as development activities. The Patent Cooperation Treaty assists Patent Offices in meeting these demands in various ways.

Patent Offices can expect to use their existing manpower to handle more patent Applications. Applications coming via the Patent Cooperation Treaty have already been verified with regard to fulfillment with proper requirements during the international phase. Patent Offices can save part of the cost of publishing. If the international application has been published in an official language of the country, they can relinquish publication altogether. Countries having a diverse official language may limit themselves to publishing only a translation of the abstract which accompanies international applications. Copies of the full text of the worldwide application could be supplied upon demand to interested parties.

The Patent Cooperation Treaty does not influence the revenue of designated Offices unless they make a decision willingly to give a rebate on national fees in view of the savings they make through the Treaty. In order to make the use of the international application route more attractive to the applicant. The most gainful source of revenue for most Offices is from yearly or renewal fees which are not affected by the Treaty. Non-examining Offices obtain an application which has already been examined as to form which is accompanied by a global search report as well as possibly by a global preliminary examination report. National authorities involved in approving licensing agreements likewise benefit from the greater value of a patent granted on the basis of an international application.

Patent Offices of States party to the Harare Protocol, to the Eurasian Patent Convention or to the European Patent Convention which opt to close the national route are not involved in the processing of international applications designating such States. Choosing this alternative is therefore chiefly advisable if the national Patent Office is less well equipped than the regional Office as well as is not prepared to receive and procedure increasing numbers of applications. Applicants may file their application in their own country with effect in foreign countries as well as have more time to make up their minds as to those foreign countries in which they wish to seek protection.



Source by Arif Shahriar

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