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INTERNATIONAL PATENT
🌐 PCT International Patent Application
One application covers 159 countries worldwide—strategic international patent acquisition with a 30-month grace period for national phase entry
Table of Contents
- What Is a PCT International Patent Application?
- 5 Benefits of a PCT Application
- Comparison with the Paris Route
- Contracting States (159 countries)
- PCT Application Process Flow
- Estimated Application Fees
- International Search Report (ISR) and International Preliminary Examination (IPER)
- National Phase Entry (30-Month Deadline)
- PCT Utilization Strategies
- Latest Trends for 2024–2026
- Frequently Asked Questions (FAQ)
- Free Consultation & Inquiries
What Is a PCT International Patent Application?
A PCT international patent application (Patent Cooperation Treaty) is an international patent application system through which, by submitting a single application in a single language via WIPO (World Intellectual Property Organization), you can achieve the same effect as filing simultaneously in all PCT contracting states (159 countries).
📌 Basic Structure of a PCT Application
- Designate 159 countries worldwide with a single application (deemed designation of all countries)
- Application completed in a single language (English, Japanese, etc.)
- Completion of the international phase with a single fee payment
- Transition to the national phase in each country must occur within 30 months (or 31 months in some countries) from the priority date
- An International Search Report (ISR) and an International Preliminary Report on Patentability (IPRP) are issued
- Strategic decisions regarding national phase entries in each country can be made during the period leading up to the national phase
For companies planning to file patent applications in multiple countries, the PCT application is the most effective international patent strategy for minimizing costs, time, and risk. A major advantage over the Paris Convention route is the ability to carefully evaluate market potential, technical feasibility, and budget allocation by utilizing the 30-month grace period.
5 Benefits of Filing a PCT Application
⏱ 1. 30 Months to Develop Your Strategy
You only need to decide whether to file national phase applications within 30 months (or 31 months in some countries) from the priority date, allowing you to assess market potential and technical feasibility during that time and narrow down the target countries.
🌍 2. Comprehensive Coverage of All Contracting States
A single application has the same effect as filing in all 159 countries. During the international phase, there is no need to prepare, translate, or notarize separate applications for each country.
🔍 3. Utilizing the International Search Report (ISR)
The International Searching Authority (ISA) conducts a prior art search. This allows you to assess the prospects for patentability early on and improve the quality of subsequent national applications.
💰 4. Cost Spread
A single fee covers the process until entry into the national phase. Significant translation costs and local agent fees can be deferred until entry into the national phase.
⚙️ 5. Early Grant of Rights via PCT-PPH
If a positive opinion is obtained from the International Searching Authority, the PCT-PPH (Patent Prosecution Highway) can be used to receive accelerated examination in each country.
⚠️ Disadvantages and Points to Note
- National phase entry fees are required: After 30 months, national phase entry procedures (translation, appointment of a representative, and official fees) are required in each designated country.
- Costly for applications in only 1–2 countries: The Paris Route (direct filing) may be more cost-effective in some cases
- No effect in non-contracting states: A separate direct application is required for non-PCT contracting states such as Taiwan
- PCT basic fees are required: WIPO fees, search fees, and transmission fees, etc., are required at the time of international filing
Comparison with the Paris Route
| Item | PCT International Patent Application | Paris Route (Direct Filing) |
|---|---|---|
| Filing Deadline | International application filed within 12 months of the priority date | File national applications within 12 months of the priority date |
| Deadline for Entering the National Phase | 30–31 months from the priority date | Not applicable (direct filing already completed) |
| Preparation of application documents | One copy in one language | One copy in the language of each country |
| International Search Report | Available (patentability can be predicted) | None |
| Flexibility in Application Strategy | Countries can be narrowed down within a 30-month grace period | Decision required within 12 months |
| Application Fees (Short-Term) | PCT Basic Fee + National Phase Fees | Direct fees for each country |
| Early grant of rights | Examination begins after national phase entry (slightly delayed) | Examination begins early |
| Recommended Scenarios | 3 or more countries / Strategic planning time required / Market viability under evaluation | 1–2 countries / Emphasis on early grant of rights / Countries already determined |
📊 Practical decision criteria: If you are targeting three or more countries and need to verify market potential or review your budget, the PCT route is overwhelmingly advantageous. If you are targeting only one or two countries and the countries and budget have already been finalized, the Paris Route is more efficient.
PCT Contracting States (159 countries)
As of 2026, 159 countries worldwide are members of the PCT, covering nearly all major industrialized and emerging economies.
🌏 Asia (Major Countries)
Japan, China, South Korea, Singapore, India, Indonesia, the Philippines, Vietnam, Thailand, Malaysia, Turkey, etc. (Taiwan is not a contracting state)
🌍 Europe
Bulk designation is possible through the European Patent Office (EPO). Germany, France, the United Kingdom, Italy, Spain, the Netherlands, Switzerland, Belgium, Sweden, Norway, Denmark, Finland, etc.
🌎 North America and Latin America
United States, Canada, Mexico, Brazil, Colombia, Chile, Peru, Ecuador, Costa Rica, Panama, etc.
🌏 Middle East
Israel, UAE, Saudi Arabia, Egypt, Turkey, Iran, Qatar, Oman, etc.
🌍 Africa
South Africa, Egypt, Morocco, Tunisia, Kenya, Nigeria, Ghana, OAPI (17 countries), ARIPO (regional), etc.
🌏 Oceania
Australia, New Zealand, Papua New Guinea
📌 Latest Membership Trends: Countries that joined between 2024 and 2026 include Samoa and Cape Verde. Please check the WIPO official website for the latest list of contracting states.
PCT Application Process Flow
Basic Patent Application (Japan)
File a basic patent application with the Japan Patent Office (to establish a priority date). If claiming priority, file the PCT application within 12 months of this date.
PCT International Application (Receiving Office)
The Japan Patent Office or the WIPO International Bureau serves as the receiving office. Applications may be filed in Japanese or English. You may choose whether or not to claim priority.
International Search by the International Searching Authority (ISA)
Select from the JPO, EPO, ISA/SG, etc. An International Search Report (ISR) and a Statement of the International Searching Authority (WO) are issued (approximately 16 months after filing).
International Publication (18 months from the priority date)
International publication on PATENTSCOPE. This makes the existence of the PCT application publicly known worldwide.
International Preliminary Examination (Optional)
May be requested within 22 months from the priority date. The International Preliminary Examining Authority (IPEA) prepares an International Preliminary Report on Patentability (IPRP). This step is performed only upon request.
Entry into the National Phase (30–31 months)
Transition to the national phase in each designated country within 30 months (31 months in some countries) from the priority date. Translation, appointment of a local representative, and national office fees are required.
Substantive Examination and Registration in Each Country
Substantive examination begins in each country. Responses to notices of grounds for refusal are filed through a local agent. After registration, annual fee management must be handled separately for each country.
Estimated Application Costs
The costs for a PCT application are divided into international-phase fees and fees incurred upon transition to the national phase.
| Fee Categories | Estimated Amount | Remarks |
|---|---|---|
| [International Phase (At the Time of PCT Filing)] | ||
| WIPO International Filing Fee | 1,498 CHF | Basic Fee (up to 30 pages) |
| Transmission Fee | 17,000 yen | When filing via the JPO |
| Search Fee | 70,000 yen and up (JPO) | Varies depending on the ISA selected |
| Our Firm’s International Application Representation | From 250,000 yen | Varies depending on technical content and the volume of the specification |
| [Upon Entry into the National Phase (by Country)] | ||
| Transition to the U.S. | Starting at USD 4,000 (official fees + attorney’s fees) | Depends on the number of claims and translation volume |
| Transition to the EPO | Starting at EUR 3,500 (office fees + attorney fees) | Registration validation fees are billed separately |
| Transfer to China | 250,000–350,000 yen | Translation costs are significant |
| Migration to South Korea | 250,000–300,000 yen | Includes technical translation |
💡 Up to 1/2 Subsidized by the INPIT Foreign Application Subsidy: Small and medium-sized enterprises (SMEs), startups, and other eligible entities can use the INPIT Foreign Application Subsidy to cover up to 1/2 of the PCT national phase entry costs (annual cap of 3,000,000 yen; 1,500,000 yen per patent application).Our firm’s flat-rate application handling fee is 50,000 yen (excluding tax), and our previous approval rate was 100%.
International Search Report (ISR) and International Preliminary Examination (IPER)
🔍 International Search Report (ISR)
- Mandatory procedure conducted by the International Searching Authority (ISA)
- Comprehensively lists relevant prior art documents
- Relevance assessed using categories such as X, Y, and A
- Issued approximately 16 months from the priority date
- Useful as a free prior art search
📝 International Searching Authority’s Opinion (WO)
- Prepared concurrently with the ISR
- Evaluates the novelty, inventive step, and industrial applicability of each claim
- Highly influential as reference material for national examinations
- May prompt a reevaluation of national filing strategies depending on the content of the WO
⚖️ International Preliminary Examination (IPER / Chapter II)
- Optional (conducted only upon request)
- Request must be made within 22 months of the priority date
- Amendments to claims and submission of a response are permitted
- Results are issued as an International Preliminary Report on Patentability (IPRP)
- Used when a negative opinion is issued in the WO
🚀 Utilizing the PCT-PPH
- If a positive opinion is obtained in the WO/IPER
- Early examination is available through the Patent Prosecution Highway in each country
- Available in the U.S., EPO, China, South Korea, Canada, and other countries
- Can significantly shorten the time to grant
National Phase Entry (30-Month Deadline)
If a PCT application is not converted to national phase in each designated country within 30 months (31 months in some countries) from the priority date, it will be impossible to obtain a patent in that country.
| Countries and Regions | National Phase Entry Deadline | Key Points to Note |
|---|---|---|
| 🇯🇵 Japan | 30 months | No translation required for Japanese specifications |
| 🇺🇸 United States | 30 months | Fees for exceeding the claim limit; obligation to file an IDS |
| 🇪🇺 EPO | 31 months | Validation in each country required after registration |
| 🇨🇳 China | 30 months | Chinese translation required; additional fees apply |
| 🇰🇷 South Korea | 31 months | Korean translation required |
| 🇨🇦 Canada | 42 months | Can be extended up to 42 months for an additional fee |
| 🇧🇷 Brazil | 30 months | Portuguese translation required |
| 🇮🇳 India | 31 months | India has its own patentability requirements |
🚨 Importance of Deadline Management: If you miss the domestic filing deadline by even one day, you will be unable to obtain a patent in that country. Our firm sends reminders 3 to 6 months before the deadline to assist you in making your filing decision.
PCT Utilization Strategies
📊 Strategy 1: Market Feasibility Assessment
Utilize the 30-month grace period from the priority date to carefully evaluate the business viability, market size, and competitive landscape in each country before finalizing the target countries for national phase entry.
💰 Strategy 2: Decide After Securing Investment
Startups select target countries in alignment with the timing of their funding rounds and market expansion. This allows for a flexible approach based on their funding status.
🤝 Strategy 3: Securing Partners
Search for licensees and sales partners over the 30-month period, then focus on expanding into the countries where those partners operate. This maximizes cost-effectiveness.
🔬 Strategy 4: Technology Validation
Based on the results of prototypes and pilot tests, expand only into countries where full-scale commercialization is feasible. Finalize the patent filing strategy once the technology is established.
📈 Strategy 5: Course Correction Based on ISR
Review the claim amendment policy based on the results of the International Search Report (ISR) and file applications in each country with optimized claims.
⚡ Strategy 6: Early Granting of Rights Through PPH Utilization
For cases that have received a positive opinion from WO/IPER, we will request early examination in each country using the PCT-PPH to achieve rapid grant of rights.
Latest Trends for 2024–2026
📅 WIPO ePCT Functionality Expansion
WIPO’s ePCT platform has been significantly updated, enabling AI-assisted drafting, automatic translation, and real-time deadline management. Our firm utilizes ePCT to facilitate speedy filing.
🌏 Full Operation of the Unified Patent Court (UPC)
The European Unified Patent Court (UPC), which began operations in June 2023, has a major impact on EPO transition patents. By opting for the Unitary Patent, it is now possible to cover 17 European countries with a single patent right.
🌐 Expansion of National PPH Programs
The PCT-PPH program will be expanded in many countries between 2024 and 2026. It will become available in Singapore, the UAE, Vietnam, and elsewhere, making early grant of rights in emerging markets a realistic possibility.
Frequently Asked Questions (FAQ)
Q : In how many countries is it advantageous to file a PCT application?
Q Does filing a PCT application automatically result in a patent in each country?
Q Can I file a PCT application in Japanese?
Q : Which International Searching Authority (ISA) should I select?
Q : What happens if a negative opinion (X citation) appears in the ISR?
Q Is Taiwan a PCT contracting state?
Q Can I use the INPIT subsidy to cover the costs of a PCT application?
Q : What is PCT-PPH?
Q What happens if I do not file a national phase application?
Q : Do you offer free consultations?
Free Consultation & Inquiries
Free Consultation on PCT International Patent Applications
Our firm provides one-stop support covering everything from the formulation of PCT application strategies to international filing, responding to ISRs and IPERs, national phase entries in various countries, utilizing the PPH program, and managing annuity payments. For small and medium-sized enterprises (SMEs) and startups, we also offer assistance with applying for the INPIT Foreign Application Subsidy.
If you have any questions, please feel free to contact us.
Business Hours: Weekdays 9:00 AM – 8:00 PM
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