Gaining Value Through The PCT Process!

Most of our client's file their overseas patent applications via the PCT (Patent Cooperation Treaty) process. There are many good reasons for this, but one of the ones I wish to focus on is how to use the examination process to their considerable advantage.

When a PCT application is filed, the PCT examiner conducts a search of relevant prior art and sends us the results. Analysis of these results by the client and the patent attorney can give a good interpretation as to the patentability of the invention. If a Demand fee is paid, we can then enter into a dialogue with the examiner and make amendments – hopefully resulting in a favourable examination report.

There are pros and cons to this approach as outlined below.