The Evaluation Methodology: International Security Authority (ISA)
ISA is a volunteer organization that serves as an international search authority for PCT applications. Following the submission of your application to the RO, it is forwarded to the International Security Authority.
Functions of ISA
The ISA's primary function is to receive your patent filing from the RO and verify the number of innovations declared in the application. This is known as searching for a "unity of inventions."
Expert Insight: The term "unity of inventions" refers to a PCT application that contains numerous inventions that are similar or identical. If this is the case, you may be required to pay additional fees.
The Common Validation Procedure
The ISA is in charge of ensuring that your application's titles and abstracts comply with PCT requirements:
- Validation that the abstract of the PCT application is concise and clear in its description of the innovation.
- In the event that there is a problem with the application's compliance with the intended regulation, you will likely be required to rewrite your application to conform to the requirements.
- If an application encounters an error, the ISA is the primary entity with which you will communicate. After reviewing your request, they have the authority to correct any errors. The ISA will then notify you whether your amendment request is valid or not.
Zero Duplicates: International Search Report
The ISA is responsible for preparing international search reports for all PCT applications. This search examines the most pertinent document to the invention to determine whether any prior art exists outside of the country of application.
What is Prior Art?
Prior art refers to any innovation or invention that has been granted a patent on a global scale. This is done in order to validate the innovation’s authenticity.
Expert Insight: An international search report can take up to 16 months to complete (although processing times can vary depending on the circumstances). If the outcome of the ISR and a written opinion regarding the patentability of the application are favorable, the innovation is published and made public on the WIPO website.
An approved PCT application is published by the International Bureau, whose headquarters are in Geneva, Switzerland, and is available on the WIPO website. The application is made available in ten languages:
- English
- Arabic
- Chinese
- French
- German
- Japanese
- Korean
- Portuguese
- Russian
- Spanish
Typically, publication occurs 18 months after the filing date of the application or, if priority is claimed, from the earliest date on which the priority could have been established.
Following that, WIPO publishes your PCT application. This raises awareness of your invention, thereby increasing the number of potential investors who are aware of it. This may increase your business's global customer acquisition opportunities.
How will a Patent registration shield my invention?
Having a patent will prevent others from stealing, copying, and profiting from your ideas. When it comes to protecting your idea in many countries, however, it can be difficult to bring your invention to market as a commercial product. There may even be a sense that it is a massive task with its own set of unique challenges.
For example, filing multiple patents creates uncertainty about whether the patent application will be granted or not. Furthermore, they are traditionally regarded as costly to enforce.
This is obvious when you consider how difficult it is to obtain a different patent in numerous countries at once. This is where the PCT comes in.
Conclusion: PCT Vs. National Patent Filing
A PCT filing method is preferred over the conventional method by about 60% of people who want protection outside of their home countries because an international patent application has many advantages over a national patent application.
- Using the PCT application essentially gives you access to a single process with global legal implications.
- In comparison to the conventional patent route, it also gives you more details and more time to make changes, correct errors, or withdraw.
- By deferring significant fees, PCT also enables you to benefit from time and cost savings.
Due to these flexibilities, you can make well-informed business decisions that meet your patent requirements. No matter if you are a single innovator, an SME, a nonprofit organization, a university, or even a global corporation, you must innovate.
PCT is the most effective option for innovators who want their businesses to expand internationally.
When it comes to PCT applications, Abou Naja Intellectual Property would be your ideal consultant as an IP firm that has been deeply immersed in the global patent filing. Contact us at [email protected] for a complimentary and comprehensive consultation in which our patent experts will explain all aspects of a patent application under the Patent Cooperation Treaty.
