The PCT is an international treaty administered by the World Intellectual Property Organization (WIPO), which makes it possible to seek patent protection for an invention simultaneously in designated countries by filing single "international" patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the "national phase". The Philippines is a party to the PCT.
A PCT application has two phases. The first phase is the "international phase" in which a single international patent application is filed with the patent office of a PCT country (e.g. IPO). The second phase is the national phase where the necessary documents are filed with the patent offices of the countries where patent registration is sought.
In the international phase, a single international application is filed with the patent office of a PCT country where the applicant or at least one of the applicants is a resident or a national. The International searching Authority (ISA) performs a prior art search and the International Preliminary Examining Authority (IPEA) conducts a preliminary examination. The International Bureau shall then cause the publication of the international application after the expiration of eighteen (18) months from the priority date of the application.
To enter the Philippine national phase, the applicant should furnish the IPO with a copy of the international application in English (unless already transmitted by the IB), or, if the application was filed in another language, its English translation, which shall include a translation into English of:
- the description;
- the claims as filed and, where applicable, as amended under PCT Article 19;
- any text matter of the drawings;
- the abstract; and
- where applicable, amendments to the description, claims or drawings under PCT Article 34, as contained in the annexes to the international preliminary examination report.
The copy of the international application or its English translation must be submitted to the IPO not later than thirty (30) months from the priority date. Subject to the payment of an extension fee for late entry equal to fifty percent (50%) of the filing fee, the entry into the national phase may be extended by one (1) month.
To expedite the formality examination, an original Power of Attorney must filed within two (2) months from the date of entry. if the application is filed by an applicant other than the inventor, a duly notarized Deed of Assignment must also be filed within six (6) months from the date of entry.
