Intellectual property · Legal information

What Is an International Patent Application under the PCT?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The PCT route buys time for proceedings in many countries with a single international application, and it does not take the place of a national patent. The question of what an international patent application under the PCT is, is separate from a sentence that looks for a world registration. The search, and an optional preliminary examination, give time for the choice of countries. The national phase is entered separately in each target country. A missed entry can cause the right to fall in that country. A number of days is not in this text.

The international phase is not registration

An international application is not, by itself, a document that creates a right. The search report shows the sources against which the invention was searched. If a preliminary examination was asked for, the opinion is not counted as a copy of the national examination. The applicant may choose, after these reports, in which country to continue. The choice is a separate national-phase petition for each country. A country for which no petition was filed is not added by itself behind the proceeding in another country.

A patent application made directly in Turkey is a separate door. The international route for a trademark is not this door either. The neighbouring records are a patent application, the Madrid Protocol, the term of protection and the annual fee. The annual fee is a step after national registration, and it is not written in the margin of the PCT papers.

The calendar is read from the document

The priority date, international publication and the entries into the national phase are tied to time. This text does not set a number of months or days. The concrete calendar is read from the date line on the application document. If there is a priority claim, the supporting application must stand in the enclosure as well. A priority without its enclosure is not treated as completed by a later reminder. The register extract shows on which date the international phase was opened. While there is no extract, a world registration is not assumed.

In a country where the national phase was entered, examination runs under that country's own rules. A decision given in one country does not by itself close or open the file in another country. If the applicant wants to widen the list of countries later, the applicant asks that from the application document in hand. The list does not cover a country that is not written in the petition.

The kind of paper should not be mixed up

A PCT application form is not a national patent certificate. The international application number on the form is not read like a registration number. The power of attorney and the description of the invention stand separately in the enclosure to the form. If the description is missing, the choice of country stays incomplete as well. A decision is not made while the text of the description and the claims page are not there. The claims describe the technical solution that is protected. A photograph or a promotional writing is not put in the place of the claims.

An invoice may show the fee paid to the representative, but it does not prove that the national phase was opened. The opening is read from the acceptance writing of the relevant country. While there is no acceptance writing, it is not said that the right is standing in that country. The kind of document is chosen from the cover, and Madrid papers are not pasted onto this cover.

The list of countries does not extend by itself with a market that later occurs to the applicant. The list consists of the countries written in the national-phase petition. The existence of a search report does not open a right in a country that was not written. The report shows the sources against which the invention was searched. The list of sources is not a registration certificate. The applicant reads the report in order to decide in which country to continue. The decision is not copied from a single sentence of the report. If the claims are to be narrowed, the narrowing appears separately in the national-phase papers.

The power of attorney and the inventor's declaration also stand separately in the same file. While there is no declaration, who the inventor is is not guessed from the corner of the application form. If the name on the form conflicts with the declaration, the choice of country does not stay sound before the conflict is closed. A translation may be required in the national phase. Which text the translation belongs to is matched with the cover number. While there is no number, a translation of another application is not treated as stuck onto this file. The matching is read from the list of enclosures to the petition.

A Çankaya address does not write a day

Counsel in Ankara who asks for the calendar does not produce a day from the office being in Çankaya. An office in Çankaya does not stand in for the patent office and does not change the competent authority. The name of a district is not written in place of the authority where the national phase was opened.

How the calendar is read from the document

The day of the national phase is not written from this text. A patent year is not added to the PCT step.

Conclusion

The PCT is an international application and the management of time. It is not a world registration by itself, and a result about the calendar is not stated before the application document has been seen. The frame stands on the intellectual property page, and the basis is Industrial Property Code No. 6769.

Legislation

Frequently asked questions

Is it the same as Madrid?

No. Madrid is the trademark route. For a patent, the PCT is what is discussed. The papers of the two systems are not put in each other's place.

Is there a world patent?

There is no single world registration. The national phase is opened separately in each target country.

Is the day of the national phase in this article?

No. The day is read from the calendar on the application document. This text does not write a number of days.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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