Explain General procedure of Patent Co-operation Treaty (PCT) filing.

The Patent Cooperation Treaty (PCT) is an international treaty that simplifies the process of filing patent applications in multiple countries by providing a unified procedure for obtaining patent protection. The PCT system is administered by the World Intellectual Property Organization (WIPO) and allows applicants to file a single international patent application, known as a PCT application, which has the effect of reserving the right to seek patent protection in various countries or regions designated under the treaty. Here's a general overview of the procedure for filing a PCT application:

1. Preparing the International Application:

   • Description of the Invention: The first step in the PCT filing process is to prepare a detailed description of the invention, including its technical background, objectives, advantages, and specific embodiments. The description should meet the requirements of the PCT, including clarity, support, and compliance with patentability criteria.

   • Claims: The international application should include claims that define the scope of protection sought by the applicant. Claims should be clear, concise, and supported by the description of the invention, specifying the essential elements or features that distinguish the invention from prior art.

   • Drawings: If necessary, the application may include drawings, diagrams, or illustrations to further illustrate the invention and its inventive aspects. Drawings should be clear, accurate, and sufficiently detailed to facilitate understanding of the invention by patent examiners and third parties.

   • Formal Requirements: The international application must comply with the formal requirements specified by the PCT, including the use of the prescribed PCT forms, language requirements, and payment of applicable fees. Applicants should ensure that all required information and documents are included in the application.

2. Filing the International Application:

   • Designated Receiving Office (RO): The international application is filed with a designated receiving office (RO), which may be the national patent office of the applicant's country of residence or another competent authority authorized to receive PCT applications. The RO receives and examines the international application, verifies compliance with formal requirements, and assigns an international filing date.

   • International Searching Authority (ISA): After receiving the international application, the RO forwards it to an international searching authority (ISA) designated by the applicant or appointed by WIPO. The ISA conducts a search of prior art to identify relevant documents that may affect the patentability of the invention and prepares an international search report (ISR) and a written opinion on the patentability of the invention.

   • Publication of the International Application: The international application is published by WIPO 18 months after the international filing date, making the details of the invention publicly available. The publication includes the international application, the ISR, the written opinion, and any amendments or corrections made by the applicant.

3. Entering the National Phase:

   • Optional International Preliminary Examination (IPE): After receiving the ISR and the written opinion, the applicant may choose to request an optional international preliminary examination (IPE) to obtain a preliminary assessment of the patentability of the invention. The IPE is conducted by an international preliminary examining authority (IPEA) designated by the applicant or appointed by WIPO.

   • Entering the National Phase: Upon completion of the international phase, the applicant must enter the national phase by filing national or regional patent applications in each country or region where patent protection is sought. The national phase entry must be completed within 30 months from the international filing date (or 31 months in some countries), allowing applicants to pursue patent protection in multiple jurisdictions based on the international application.

In summary, the PCT filing procedure streamlines the process of seeking international patent protection by providing a unified framework for filing and examining patent applications in multiple countries. By filing a single international application under the PCT, applicants can secure an early priority date, conduct an international search, and defer the decision on entering the national phase until later stages of the patent prosecution process.