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The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application.
Exemplary PCT procedure, with a U.S. provisional application as a first filing. The PCT system enables an applicant to file a single patent application in a single language. The application, called an international application, can, at a later date, lead to the grant of a patent in any of the states contracting to the PCT. [5]
The regulations under the PCT do touch on the search and examination of computer programs. [10]Rule 39.1 PCT states that . No International Searching Authority shall be required to search an international application if, and to the extent to which, its subject matter is any of the following: ...
Another key treaty is the Patent Cooperation Treaty (PCT), administered by the World Intellectual Property Organization (WIPO) and covering more than 150 countries. The Patent Cooperation Treaty provides a unified procedure for filing patent applications to protect inventions in each of its contracting states along with giving owners a 30-month ...
Under the Patent Cooperation Treaty, Article 7 PCT notably provides that the drawings are required when they are necessary for the understanding of the invention. [5] Rule 11.13 PCT specifies special physical requirements for drawings in an international application. [6]
Noteworthy, the 2023 USPTO guidelines require patent examiners to apply the PCT-style unity of invention requirement to the PCT applications that enter the National stage in the US, rather than the "independent or distinct" requirement. [38]
Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year.
The purpose of the inventive step, or non-obviousness, requirement is to avoid granting patents for inventions which only follow from "normal product design and development", to achieve a proper balance between the incentive provided by the patent system, namely encouraging innovation, and its social cost, namely conferring temporary monopolies. [4]
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