INTRODUCTION
The word “Patent” has developed its meaning from a Latin word ‘Litterae Patentes’. This word means giving privilege to some individuals by the government of the country. A patent is one of the intellectual property rights which is granted to an individual who has invented an article.
Through patent, such inventors get recognization for their invention. There are various international instruments which deal with Patents such as :
- Budapest Treaty on The International Recognition of The Deposit of Micro-Organism[1]
- Eurasian Patent Convention
- Strasbourg Agreement of International Patent Classification
- Paris Convention for Protection of Industrial Property[2]
- Patent Cooperation Treaty[3]
- European Patent Convention (with protocols)[4]
- TRIPs Agreement[5]
PATENT COOPERATION TREATY
This treaty is the most important development in the international field of Patent since the adoption of the Paris Convention. It provides for examination and filing of Patent applications. The Patent Cooperation Treaty actually complements the Paris Convention. It provides for examination of International applications. The offices of PCT choose only strong patents.
Under this, any contracting state of PCT can file International applications. In National offices, the International applications can be filed. These national offices act as a PCT Receiving office. There are certain standards prescribed by PCT for Internation Applications. A fee is incurred for filing International applications. Such a fee is payable to the receiving officer in one common currency.
Such fee consist of three main elements:
- International fee for work of the International bureau
- Search fee which covers the work of International searching Authority
- Transmittal fee for receiving office.
The international publication is the main concept under PCT, it helps to disclose the invention to the public and it also sets the scope of Protection given to such inventor.
A Pamphlet is published by the International bureau with the front page with bibliographic data. It contains the claims and the descriptions and the International search report. The pamphlet is published in the language in which the International form is filled. It can be in French, German, Chinese, Japanese, Spanish, or Russian. Once the application received, it must go through the International Preliminary Examinations.
International Preliminary report is made as a result of International Preliminary Examinations. After receiving the International Preliminary report, if the applicant sees no chance of obtaining a patent, then he can withdraw his application. However, if the applicant wants to continue the procedure, he must pay the national fee to the elected officers. Such a fee must take effect within 20 months from the priority date. The common national procedures apply in national processing.
[1] 1980
[2] 1883
[3] 1970
[4] 1973
[5] 1994
This blog is written by Riddhi Chadha, Fairfield Institute of Management & Technology.
Some of her Blogs-
- INTERNET BANKING SECURITY THREATS: Legal framework
- JURISDICTION ISSUES IN E-COMMERCE
- DOCTRINE OF LIS PENDENS
- Guardianship under Hindu and Muslim law
Visit our Instagram page @lawyergyan at this link.
