No, there is no single international patent that gives you patent rights in every country. Every country has their own patent office and to get a patent in every country, you need to apply for a patent in every country. The PCT buys you more time to eventually file a patent in each country you want a patent in. Before the PCT expires, you still must file a patent application in each country you want a patent in and let that foreign patent office decide whether to grant you a patent in that country.

A PCT buys you time to file in foreign countries. This is because once you file a patent application in any country, you need to file a patent application in every country within 12 months. For example, if you file a patent application in the US on Jan 1, 2020, you need to file a patent application in every country by Jan 1, 2021. If you don’t, you may lose the ability to file a patent application in foreign countries afterwards. This is due to worldwide patent treaties which state that foreign patent applications should be filed within 12 months of your first patent application filing in any country. However, filing a patent in every country around the world is expensive. So, you buy more time to file in foreign countries by filing a PCT within 12 months of the first patent application you filed. Then, before the PCT expires, file a patent application in each country you want to pursue a patent. You still need to eventually file a patent in each country, but the PCT buys you more time.

You could just file a patent application in each country and skip the PCT. However, if you need time to decide which countries to file in or need time to raise funds, a PCT buys you more time.

Rule 1: Before you show your invention to the public. Always file a patent application before you show your invention to the public. If you already showed your invention to the public without filing any patent application, contact us to discuss whether a PCT filing is still appropriate for you.

Rule 2: If you have already filed a patent application for your invention, you want to file the PCT within 12 months of when you filed that first patent application. Foreign patent applications, including the PCT, must be filed within 12 months of any patent application filing in any country. If you already filed a patent application and more than 12 months has passed, contact us to discuss whether a PCT filing is still appropriate for you.

If you have already shown your invention to the public, and you already filed a patent application before you showed your invention to the public, you may still file a PCT. You must file the PCT within 12 months of when you filed that previous patent application. Contact us quickly to file a PCT.

If you have already shown your invention to the public, but you have not yet filed a patent application anywhere, a PCT can still be filed but it may not be useful in all 157 countries or the PCT may be completely useless. It depends on how long it has been since you showed your invention to the public. Many countries do not allow you to file a patent application after you have shown your invention to the public. Some countries still allow you to file a patent application, but only within a short period of time after you show your invention to the public. Contact us to discuss whether a PCT filing is still appropriate for you.

Yes, if you have already filed a patent application anywhere, whether in the US or another country, you want to file a PCT within 12 months of when you filed that previous patent application. After that time, a PCT may not be useful in all 157 countries or the PCT may be completely useless. Contact us to discuss whether a PCT filing is still appropriate for you.

The current list of PCT countries (contracting states), can be found here: https://www.wipo.int/pct/en/pct_contracting_states.html