You are currently viewing Should I file a PCT Application or a Conventional Application?

Should I file a PCT Application or a Conventional Application?

  • Post author:
  • Post category:IP

PCT Applications or a Conventional Application?

The process of applying for a patent needs to be crystal clear. One must understand the best suitable route to get a patent. PCT stands for Patent Cooperation Treaty and offers international patent rights coverage. On the other hand, it is a conventional application.

Conventional Application- Legit Way to Priority Claims

A Patent Application is the first prominent action for a legit Patent. In India, applying for a patent is complex and involves various stages. The different stages are as per the applicable time interval plus the appropriate situation. But, in the dynamic world, nobody has the time to wait and is looking for the quickest way to make it possible. We do not have any trick apart from choosing the right legal way. However, we have the quickest way to apply through Conventional Application. Here, we will unfold the medium available to the patent application for a priority claim. 

All you need to know about Conventional Applications:

A patent application is a right way to attain ownership of your invention for a long period. It has been available for a good twenty years. The application is the medium to protect your invention from possible copy. The invention is a precious property of the inventor, and it can get the right protection with the help of a patent.

Suppose the request for a patent is claiming the patent’s priority date. Or a large extent similar patent application is filed in one or more of the Convention countries, and then it is called a Conventional Application. The word convention means the activity rarely performed. Thus, the conventional application is a step that is not mandatory but is an option rarely used. 

To claim convention status, an applicant has to file the application within twelve months from the basic application in Indian Patent Office (IPO). The applicant is filed on the basis of the applicable patent office. There are 4 Patent offices in India; each has categories of the state. Therefore, one needs to ensure that one files an application to the correct office. One of the other ways is to file online, and details still require applicants to specify the Patent Office applicable to them. 

PCT International Conventional Application :

Patent Cooperation Treaty (PCT) is an international patent law treaty that provides a unified patent application filing platform that protects the invention in all contracting states. One single application that allows covering all the overseas nations for patent of invention worldwide. 

Under PCT filing, an applicant can file a single international application for a patent in a receiving office to seek protection at the same time in all contracting member countries.

It will take almost 31 months for an applicant to enter various countries from the date to file PCT application.

Comparison of PCT and Convention route :
Comparison of PCT and Convention route
Comparison of PCT and conventional application route

In order to understand which application is best and most widely used, we have discussed them below:

  1. On the Basis of Application Fees- PCT application has a high filing fee as compared to Convention filing, and with the same amount, the applicant can file more than two to three Convention applications. So, when an applicant has a tight budget and wants to secure patent protection in only a few countries, then it is better to go with a Convention Application.
  2. Based upon Time- Compared with a Convention Application, a PCT application takes time to grant, so when an applicant wants to protect their invention in less time, it is better to go for a Convention Application.
  3. Correct Situation to File Application- The need for filing a Convention Application arises when an applicant wants to secure his/her rights in non pct countries like Argentina, Pakistan, Taiwan, Kuwait, Jordan, Kuwait, Saudi Arabia, Ethiopia, Eritrea then can go only with direct filing.
  4. Conclusion- So, filing of Convention Application or PCT Application depends upon business strategies, and for fulfilling business strategies, the applicant generally adopts both filing options as per their need, so it all depends on where the applicant wants to protect his/her rights. PCT provides a platform where with a single application, an applicant can file their application in all PCT member countries.
Let’s Decide for you, PCT or Conventional Application.

Conclusion

It is often seen that filing strategies are very complex, so it is better to consult with the patent attorney. And one should try to communicate about commercial and business planning so that better protection can be made. The best of the attorney are together working as a team. We are the ideal match for you. The process of applying is easy for us. We are the legit provider of the medium to file a patent application. IPFLair is your one-stop solution for guidance, legal advice, and the right help for applying for a patent. There are many benefits of applying for a patent through us.

Benefits of Applying for a Patent through IPFlair

  1. Firstly Error-Free Application– A professional ensures every single detail is a part of the application. We are dedicating ourselves to serving the best solutions to our clients. We ensure to file error-free and perfect patent applications.
  2. Secondly, Quick Solutions– The actions quickly offer responsible handling of the situation. We have a team of experts to offer solutions. The members are attorneys and professionals capable of dealing with complex issues. 
  3. Thirdly Timely Actions– The process involving any legal step needs timely action. Reading a notice, understanding the applicable sections, and finding the right response. We have three steps to help you take timely action. 
  4. Finally, Proper Guidance– We are your guardian to apply for a patent for your patent. We are actively helping clients through our best solutions at the global level. You can find the most suitable solution available with us. 

Choosing us to fill any patent application can be the best move for a patent applicant. We are offering complete solutions relating to Patents. Therefore, Find the one most suitable for your needs. 

If you are confused, we will help you understand. We have the best offerings to help you out and we are available for new Projects. We will be happy to serve you. Book your appointment Now!