The PCT (Patent Cooperation Treaty or tried Cooperation of Patents) is a company made by the cooperation in the deposits field, in the inquiries and in the exams of the requests of the protection of the inventions as well as of the special technical services. The participating states form an International Union called Union of Cooperation in Matter of Patents. By this treaty can be requested Regional Patents and/or National Patents. Regional patents are the patents granted by a national or intergovernmental administration, credited to grant valid patents in more than one State. National patent is a patent granted by a national administration.
Through this Treaty can be requested Patents in four (04) organizations and hundred and twenty (120) countries.
The International Organizations are:
- ARIPO PATENT: This includes Gambia, Kenya, Lesoto, Malawi, Mozambique, Sudan, Sierra Leona, Swaziland, United Republic of Tanzania, Uganda, Zimbabwe any other participant of the protocol of Harare and of the PCT.
- EURASIAN PATENT: This includes Armenia, Azerbaijan, Bielorussia, Kirguitan, Kazaskistan, Moldova, Russian Confederation, Tajikistan, Turkemenistan and any other State participan of the Covenant of Euroasian patent and of the PCT.
- EUROPEAN PATENT: It allows to request any patent in Austria, Belgium, Swiss and Liechtenstein, Cyprus, Germany, Denmark, Spain, Finland, France, United Kingdom, Greece, Ireland, Italy, Luxembourg, Monaco, Holland, Portugal, Sweden, Turkey and any another State participant of the Government on the European Patent and of the PCT.
-OAPI PATENT: This organization is formed by Burkina, Faso, Benin, Center-Africa, Congo, Coast of Marfil, Cameroon, Gabon, Guinea, Guinea-Bisau, Mauritania, Niger, Senegal, Chad, Togo and any another State that is member of the OAPI and that is a State participant of the PCT.
The countries that form the PCT are:
-Antique and Barbuda, Albania, Germany, Algeria, Armenian, Austria, Australia, Azerbaijan,Southern Africa, Bosnia Herzegovina, Barbados, Bulgaria, Brazil, Bielorussia, Belgium, Belize, Benin, Cyprus, Colombia, Congo, Korea, North Korea , Costa Rica, Costa de Marfil, Croatia, Cuba, Czech Rep.,- Denmark, Dominica.
-Equator,United Arabic Emirates , Slovakia, Slovenia, United States, Estonia, Spain.
-Poland, Portugal, Papua New Guinea, United Kingdom, Rumania, Russian Confederation , rep.African center republic, Santa Lucia, San Vicente, Senegal, Serbia andMount Black, Seychelles, Syrian, Sri Lanka, Sierra Leona, Singapore, Sudan, Swaziland, Sweden, Switzerland.
-Takiyistan, Togo, Turkemenistan, Turkey, Trinidad and Tobago, Tanzania, Tunisia.
It is a matter of presenting a unique request and if granted it will be transformed into a unique Patent.Therefore, it will include a common phase of examination, Publication andConcession.
Brazilian Phase: The solicitation is carried out in the country of origin (Brazil) where the following rates must be paid: Basic Rates; Processing Rate ; Search Rate and Rate of designation.
BASIC RATE: It corresponds to the Rate to be paid to the International office and should be also paid in the INPI that will send it to the International office.
RATE AND PROCESSING: It corresponds to the Rate to be paid to the INPI so that the same one initiates the Process.
RATE OF SEARCH: It corresponds to the rate that will be collected in the INPI that at the same time will send it to the International Office to carry out an international inquiry of the product which is the matter of the Patent.
RATE OF DESIGNATION: It corresponds to one or more rates to be collected regarding they are Regional and National Patents requests.The value indicated above, partly national, corresponds to A RATE OF DESIGNATION.This value will suffer an increase in relation to the amount of appointed countries.
MISCELANEOS: Corresponde a despesas a seren realizadas con traducciones, configuración internacional del Pedido, remesa de documentos etc. El valor descripto es un valor estimado y su montante totoal pondrá sufrir alteraciones, mayores o menores.
MISCELLANEOUS: It corresponds to issues to be carried out with translations, international configurations of the requests, shipping of documents, etc.The given value is an estimated one and the final amount could show some major or minor changes.
INTERNATIONAL PHASE OF THE PCT:
After the request is made Brazil, it is necessary to validate the Patent in the States or Countries appointed according to needs (Example: United States).The validation is processed with the hiring of anauthorized agent in the country of interest having the process started in that way with the delivery of a translation in the official language of each country and respective legal order.From this moment, the National Phase is initiated.It is absolutely important to relate the countries of interest to create adetailed budget of each country of interest or organization.
Economical Analysis
When the request of International Patent is made for one country only, the PCT is not recommended.The same one is economically viable when the request is of at least 02 (two) countries or 02 (two) international organizations.
