How does the Patent Cooperation Treaty (PCT) affect international patent applications?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The Patent Cooperation Treaty (PCT) significantly impacts international patent applications. According to MPEP 213.01:
International applications filed under the Patent Cooperation Treaty (PCT) are considered to have been filed in any PCT contracting state of which the United States is one.
This means that a PCT application effectively serves as a placeholder for potential national phase entries in all PCT member countries. It provides applicants with additional time to decide in which countries they want to pursue patent protection, while securing an early filing date.