• February 2019
    M T W T F S S
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Why do some people say patents need to be filed separately in each country even though PCT exist?

The consensus is correct – The Patent Cooperation Treaty (PCT) is rather uncooperative. Although it boasts a membership of 148 countries, which would make it really easy and painless to apply all at once, a patent applicant must take steps to “nationalize” in each desired country prior to having the application examined and a patent issued. However, utilizing the PCT does offer inventors advantages. Namely, filing a PCT application establishes a filing date in all contracting states (called the “international phase” or “application”). After completing that, the inventor has 30 months to file at the respective national level. I feel compelled to say how arduous and costly this process can be.

I advise against “doing it yourself” as it will take many, many hours and potentially multiplied by rejections from other countries. What seems like a great decision to avoid legal counsel in the beginning can, and repeatedly does, take a turn for the worst when you end up spending much more in the long run for an attorney to clean up your mess.

You should take a look LawTrades for your patent needs. Our collection of patent attorneys have years of experience consulting inventors on how to proceed (and drafting applications) when seeking patent protection abroad. Good luck moving forward!

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