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PCT International Patent Applications
Overview of PCT International Patent Applications
What Is a PCT Application (International Patent Application)?
A PCT international application is an international patent application system based on the Patent Cooperation Treaty (PCT). By filing a single international application with the Japan Patent Office as the receiving office, you can achieve the same effect as filing simultaneously in all PCT member countries.
In a PCT application, the "international phase" involves filing, international search, and international preliminary examination. Following this, the application proceeds to the "national phase," where it is transferred to the patent offices of each country for examination. By utilizing the International Search Report (ISR) and the International Preliminary Examination Report obtained during the international phase, it is possible to assess patentability before proceeding to each country, thereby optimizing costs and time.
What is a Direct Application (Paris Route)?
A direct application (Paris Route) is a method of filing patent applications individually with the patent offices of each country by claiming priority under the Paris Convention. Applications must be filed in each country within 12 months of the Japanese application, and application documents must be prepared in the language and format of each country, with a local agent appointed.
The Paris Route may be advantageous in cases where the number of target countries is limited to one or two, or when you wish to secure rights at an early stage.
Comparison of the PCT Route and the Paris Route
Paris Route: Japanese application → Direct applications to each country within 12 months → Examination in each country
PCT Route: Japanese application → PCT application within 12 months → International Search Report (ISR) → National phase entry within 30–31 months → Examination in each country
List of PCT Member States
The Patent Cooperation Treaty (PCT) currently has 157 member states. It covers most major markets worldwide, allowing you to establish a foundation for broad international protection with a single PCT application.
Please note that Taiwan is not a member of the PCT, so a direct application is required to obtain a patent in Taiwan.
Major Member Countries and Regions
| Asia | Europe | North America and Latin America | Others |
|---|---|---|---|
| Japan, China , South Korea, India, Singapore , Thailand, Vietnam, Indonesia, Malaysia, Philippines |
Germany , France , United Kingdom , Italy, Spain , Netherlands , Sweden, Switzerland, EPO (European Patent Office) |
United States , Canada, Mexico, Brazil , Chile, Colombia , Peru , Argentina |
Australia , New Zealand, Israel , Saudi Arabia , UAE , South Africa, Egypt, Nigeria |
*The above list includes only some of the major countries. For details on all 157 countries, please refer to the official WIPO website.
Comparison of the Paris Route (Direct Filing) and PCT Filing
| Comparison Criteria | Paris Route (Direct Application) | PCT Route (International Application) |
|---|---|---|
| Filing Deadline | Within 12 months of the Japanese application | File a PCT application within 12 months of the Japanese application; national phase entries must be filed within 30 or 31 months |
| Application Documents | Prepared individually in the language and format of each country | Prepare a single set of application documents in Japanese (translation required upon national phase entry) |
| Fee Timing | Fees for each country are incurred in a lump sum at the time of filing | Initially, only PCT application fees apply. National phase entry fees are due up to 30 months later |
| Preliminary Patentability Assessment | Must wait for examination results from each country | Patentability can be preliminarily assessed using the International Search Report (ISR) |
| Changes to the filing countries | Additions or changes cannot be made after filing | Selection of filing countries can be deferred until the national phase |
| Local agent | Local agents in each country are required at the time of filing | Local agents for each country must be appointed upon national phase entry |
| Suitable Cases | 1–2 target countries; prioritizing early grant of rights | 3 or more countries; prioritizes cost distribution and strategic decision-making |
Summary of the Benefits of PCT Applications
- Time for Decision-Making: With up to 30 months before national phase entry, you can assess business conditions before deciding on target countries
- Cost Efficiency: Keeps initial costs low, allowing you to invest in individual countries only after confirming patentability
- Utilization of the International Search Report (ISR): An objective assessment of patentability can be used in national examination proceedings
- Uniform Application Documents: Applications can be filed in Japanese, eliminating initial translation costs
- Flexible Strategy: You can make amendments during the international preliminary examination to optimize the scope of protection before proceeding to national phase
Other Topics on International Applications
Learn about the international application system and global intellectual property systems
PCT Application Process
STEP 1: Japanese Application (Parent Application)
First, file a patent application with the Japan Patent Office. This Japanese application serves as the “basic application” and establishes the priority date.
STEP 2: PCT International Application (Within 12 Months of the Priority Date)
Within 12 months of the filing date (priority date) of the basic application, file a PCT international application with the Japan Patent Office as the receiving Office. Application documents may be prepared in Japanese.
STEP 3: International Search (ISR)
Once the receiving Office accepts the application, the International Searching Authority (in Japan’s case, the Japan Patent Office) conducts a search of prior art and prepares an International Search Report (ISR) and an opinion. This allows for a preliminary assessment of the likelihood of obtaining a patent.
STEP 4: International Publication (18 months from the priority date)
Eighteen months after the priority date, the application will be published internationally by WIPO.
STEP 5: International Preliminary Examination (Optional)
You may request an International Preliminary Examination if necessary. By making amendments to optimize the scope of protection and obtaining an International Preliminary Examination Report (IPER), you can proceed more favorably with examinations in individual countries.
STEP 6: National Phase (Within 30/31 months from the priority date)
Submit the application to the patent offices of the countries or regions where you wish to file, along with the translated documents, to complete the national phase entry procedures. Patents are granted following examination by each country’s patent office.
Estimated Costs for PCT Applications
| Item | Estimated Cost |
|---|---|
| International Application Fee (WIPO) | Approx. 170,000 yen and up (varies depending on the number of claims) |
| Search Fee | Approx. 70,000 yen and up |
| Transmission Fees | Approx. 10,000 yen |
| Patent Attorney Fees (International Phase) | Approx. 200,000–400,000 yen (varies depending on the volume of the specification) |
| National Filing Fees (per country) | Approx. 300,000–800,000 yen (includes translation and local agent fees) |
*The above figures are estimates. Actual costs vary depending on the nature of the invention and the countries of destination. Please contact us for details.
Consultation on PCT International Patent Applications
Our patent attorneys provide one-stop support, from selecting filing countries to cost estimates and schedule management. Please feel free to contact us for an initial consultation
.