International patent application (PCT)

The Patent Cooperation Treaty (PCT) is an international agreement on patent cooperation across member countries. The agreement simplifies the process of applying for patents in multiple countries. The PCT process starts internationally, before moving on to a regional or multiple national patent offices.

Flagpoles with flags of different nations

Countries participating in international patent cooperation

The international patent agreement is worldwide and covers around 160 countries.

If you want patent protection in a country that is not a party to the agreement, you must apply for a patent directly to that country.

Overview of member countries

What is PCT?

PCT is an abbreviation for the Patent Cooperation Treaty, which is an international agreement on patent cooperation. The agreement is administered by the UN agency World Intellectual Property Organization (WIPO). The association includes around 160 countries.

Patent cooperation allows you to file one patent application in one language and seek protection in several countries at the same time. The application is processed in two phases, the second of which is optional. You choose which countries you want patent rights in either after the first phase or after the second phase, depending on which path you follow. You can improve your application before proceeding with it in the countries you choose.

Advantages of international patent application (PCT)

  • International protection of your invention with a single application
  • More time to consider which markets are most relevant to your invention
  • Valuable insights that can help you improve your application throughout the application process
  • The costs are spread over a longer period of time

International phases

Phase I

  • Filing an application: You start by filing one international patent application with the Norwegian Industrial Property Office, the European Patent Office (EPO) or the International Bureau of WIPO (IB). The application must be filed within 12 months of the priority date of your original application if you are claiming priority from a previous national application, and you pay one set of fees.
     
  • International novelty examination: An International Searching Authority (ISA) examines the application and prepares an examination report (ISR). The report provides an assessment of the invention's novelty, inventive step and industrial applicability. This gives you valuable insight into the patentability of the invention, which can help you improve your application before proceeding in the countries where you want a patent right.
     
  • International publication: WIPO publishes the application 18 months after the priority date or filing date. This makes the invention public knowledge and gives you an indication of how it will be assessed in different countries.
     
  • Supplementary international novelty examination (optional): You can request a supplementary examination by another International Searching Authority (ISA) for further assessment. This reduces the risk that new patent documents and other technical literature, which may affect the patentability of your invention, will be discovered during the further processing of your application in the countries where you seek patent rights.

Phase II (optional)

  • International preliminary patentability review (optional): You can request an additional International Patentability Review (IPRP) to obtain a further assessment of the patentability of your invention. This is useful if you are unsure whether your application will result in a patent, or if you have amended your application to overcome obstacles identified in the examination report (ISR) from the International Searching Authority (ISA). You choose which authority to carry out this.

Regional/National Phase

After the international phases are completed, you must proceed to the national phase in the countries where you want a patent right. You can also continue your PCT application at a regional office, such as the EPO.

Important considerations

  • Language: Many countries require the application to be translated into their official language.
     
  • Costs: There are various fees associated with filing, examining, and maintaining patents in the national phase.
     
  • Legal assistance: You must follow up on the proceedings yourself in the individual countries to which you are forwarding your application. It may be useful to seek assistance from a patent attorney who is familiar with the national requirements in the countries where you are seeking protection.

Continuation in practice

  • Filing an application: To proceed with a PCT application, you must file the application with the national patent offices of the countries in which you want a patent right. Each country has its own requirements which may include documents, fees and deadlines.
     
  • National extension deadline: The extension deadline for a PCT application is usually 30 – 31 months from the international filing date or priority date of the application. In some countries, the deadline may be shorter if international phase II has not been completed. For information on deadlines and requirements, see the PCT Applicant's Guide.
     
  • National processing time: The processing time and when you receive a response to your application may vary, as each patent office follows its own national or regional patent laws and regulations.

Do you need help in the application process?

Get an overview of the possibilities available to you and what you must do if you wish to file an application. The experts at NIPO are very experienced and can give you insight into what is important for you to consider during the application process.