Patent Cooperation Treaty (PCT)

The PCT system provides an efficient route for extending patent protection to multiple countries, enabling centralized and strategic management of international applications. It helps optimize time, costs, and resources while allowing applicants to assess the commercial potential of their inventions before making national-phase filing decisions. This approach enhances the opportunity for broad protection, reduces the risk of unauthorized exploitation, and strengthens the competitive value of innovations in global markets.

Home / Jurisdictions / Patent Cooperation Treaty

What is the PCT System?

The Patent Cooperation Treaty (PCT) is an international patent filing mechanism administered by WIPO that allows applicants to pursue protection for their inventions in multiple member countries through a single international application. Under this procedure, applicants receive an international search report and written opinion from the designated authority, providing guidance on the patentability and prospects of protection before entering the national phase.

Why choose the PCT System?

A single international application provides multiple advantages over filing separate national applications.

Global Reach: Protection in 158 jurisdictions

A single application is effective in 158 PCT member states (as of 2025), including the United States, the European Union, Japan, the Republic of Korea, China, and others.

30–31-month deferral before national phase entry

Applicants benefit from a 30–31-month period from the priority date to identify partners, assess markets, and secure funding prior to entering the national phase.

Early and comprehensive technical assessment

Applicants receive an International Search Report (ISR) and a Written Opinion providing an initial assessment of novelty, inventive step, and industrial applicability.

Lower upfront expenditure

National-phase fees are not required at the outset, reducing initial financial burden—particularly beneficial for startups and small and medium-sized enterprises.

PCT Application Process

Two main phases that help reduce costs and give you more time for global patent protection.

Phase 1

International Phase

File your PCT application with the receiving Office in your country of filing or directly with WIPO.
Choose an International Searching Authority (EPO, USPTO, KIPO, JPO, etc.).
Receive the International Search Report (ISR) in about 9–16 months.
Your application is published 18 months from the priority date.
Optional: Request International Preliminary Examination (IPER).

Phase 2

National Phase

Enter the national phase within 30–31 months from the priority date.
Select the countries where you seek protection and submit translations and national fees.
Each national office examines the application independently.
If approved, you receive a national patent.

How Receiving Offices Work in the PCT System

When filing a PCT application, it is submitted through the applicant’s national IP office, which acts as the Receiving Office (RO).

Applicants can choose any competent International Searching Authority (ISA), such as the EPO, USPTO, KIPO, JPO, or IP Australia, to conduct an international search.

Patent protection is ultimately granted independently by each designated PCT member country, based on its own substantive examination.

Hệ thống PCT – Nộp đơn sáng chế quốc tế

PCT Support Services

Search & Patentability Assessment

Conduct domestic and international searches; evaluate novelty, inventive step, and industrial applicability.

Drafting & PCT Application Preparation

Soạn bản mô tả, yêu cầu bảo hộ, bản vẽ kỹ thuật; chuẩn bị hồ sơ theo chuẩn WIPO.

Filing & PCT Procedure Monitoring

Prepare descriptions, claims, and technical drawings; compile the application according to WIPO standards.

National Phase Strategy

Advise on selecting target countries and optimize costs and timelines for entering the national phase.

Response & Rejection Handling

Draft responses to office actions during the PCT process and the national phase.

Patent Management & Annuity

Monitor deadlines, send reminders, and provide support to maintain patent rights after entering the national phase.

Questions

Frequent FAQs

Does the PCT grant international patents?

No. The PCT system only provides a centralized international filing procedure. The decision to grant a patent is made by each national or regional patent office during the national phase.

What is the time limit to enter the national phase?

The usual deadline to enter the national phase is 31 months from the priority date (depending on the country). This period allows for preparing translations, compiling documentation, and planning your national‑phase strategy.

Can a PCT application be amended after filing?

Yes. You may amend the application content (such as description, claims, or drawings) within the permitted scope before entering the national phase.

What are the advantages of filing a PCT application through Vietnam?

Filing via Vietnam has several advantages:

You can file via IP Vietnam Office.
You can select a suitable International Searching Authority (ISA).
The procedure is relatively convenient, and cost‑wise is competitive compared to many other jurisdictions.

Is it mandatory to use the PCT to file internationally?

No. The PCT is a helpful tool for centralized international filing, but you are not required to use it. You can still file directly in each country without going through the PCT, although that may involve higher costs and more complexity.

Have more questions?

Related Practices – Nền tím nổi bật nhất