PCT Highlights
PCT recent and future developments
The New WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: PCT Implications
WIPO member States on 24 May 2024 approved a new Treaty related to intellectual property (IP), genetic resources and associated traditional knowledge. It is the first WIPO Treaty to address the interface between intellectual property, genetic resources and traditional knowledge and the first WIPO Treaty to include provisions specifically for Indigenous Peoples as well as local communities.
With regard to implications for the PCT, please note that an Agreed Statement contained in Footnote 4 of the new Treaty (under Article 7) invites “to consider the need for amendments to the Regulations under the PCT and/or the Administrative Instructions thereunder with a view towards providing an opportunity for applicants who file an international application under the PCT designating a PCT Contracting State which, under its applicable national law, requires the disclosure of genetic resources and traditional knowledge associated with genetic resources, to comply with any formality requirements related to such disclosure requirement either upon filing of the international application, with effect for all such Contracting States, or subsequently, upon entry into the national phase before an Office of any such Contracting States.” For more information, refer to PCT Newsletter 2024/06 [PDF].
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PCT Highlights - High-level overview of recent and future developments in the PCT. 1-2 per year.
1 July 2024 Amendments to the PCT Regulations
The amendments to the PCT Regulations that entered into force on 1 July 2024 are as follows:
A PowerPoint presentation showing the amendments to the PCT Regulations is available.
– Amendments to PCT Rules 26 and 29, relating to the procedure when an international application contains parts in different languages and all such languages are accepted by the competent receiving Office;
– Amendments to the French text of Rule 82quater.3(c) to resolve an inconsistency between the English and French texts of this Rule.
– Amendments to the French text of Rule 82quater.3(c) to resolve an inconsistency between the English and French texts of this Rule.
PCT Assembly
The fifty-sixth PCT Union Assembly will take place from July 9 and to July 17 as a hybrid meeting. The meeting documents are available.
PCT and the United Nations Sustainable Development Goals (SDGs)
With reference to the World IP Day 2024 (“IP and the SDGs: Building our common future with innovation and creativity”), information on the PCT and the SDGs is available, including several representative examples of published PCT applications which relate to specific SDGs. The information is based on a larger report on Mapping Innovations: Patents and the Sustainable Development Goals.
PCT Filings in 2023
In 2023, PCT filings decreased by 1.8% over 2022, totalling 272,600. China continued to be the largest origin of PCT filings, with 69,610 applications filed (-0.6% growth over 2022), followed by the United States of America (U.S.), with 55,678 applications (-5.3%). Japan (48,879, -2.9%), the Republic of Korea (22,288, +1.2%) and Germany (16,916, -3.2%) again held the third, fourth and fifth rankings, respectively. The top 10 countries of origin, followed by their respective percentage share of all PCT filings in 2023, were as follows:
1. | China | 69,610 | 25.5% | |
2. | United States of America | 55,678 | 20.4% | |
3. | Japan | 48,879 | 17.9% | |
4. | Republic of Korea | 22,288 | 8.2% | |
5. | Germany | 16,916 | 6.2% | |
6. | France | 7,916 | 2.9% | |
7. | United Kingdom | 5,586 | 2.0% | |
8. | Switzerland | 5,382 | 1.9% | |
9. | Sweden | 4,323 | 1.6% | |
10. | Netherlands | 4,258 | 1.5% |
Beyond the top 10, India (#11) saw strong growth (3,791 applications, +44.6%) in PCT filings.
For information on the number of filings from all countries, including a comparison with filings in 2022, please refer to Annex 1 [PDF] of WIPO Press Release PR/2024/914 and the PCT Yearly Review 2024.
PCT Working Group
The seventeenth session of the PCT Working Group was held in Geneva from 19 to 21 February 2024 in hybrid format. The Working Group agreed on the following topics:
- Filing Medium of International Applications and Related Documents: proposed amendments to Rule 89bis for approval by the Assembly at its session in July 2024 (refer to document PCT/WG/17/15).
- Languages of Communication for the International Bureau: amendments to Rule 92 of the PCT Regulations, to enable the International Bureau to expand the languages of communication with applicants and national Offices to any of the 10 languages of international publication, instead of being limited to only English or French as at present (refer to document PCT/WG/17/6).
- Citation of Non-written Disclosures: amendments to Rules 33 and 64 that will broaden the definition of relevant prior art for both international search and international preliminary examination to include non-written disclosures (refer to document PCT/WG/17/10).
- Further Amendment to Rule 26.3ter - Invitation to Correct Defects Under Article 3(4)(i): amendments to close a loophole in Rule 26.3ter that does not allow the receiving Office to issue invitations to furnish a translation of the abstract or text matter of the drawings into the language of international publication where the language of the abstract and text matter of drawings is filed in a language different from that of international publication but accepted by the International Searching Authority for carrying out the international search (refer to document PCT/WG/17/7).
- Criteria for Fee Reductions to Certain Applicants from Certain Countries, Notably Developing and Least Developed Countries: to recommend that the criteria under Item 5 of the PCT Schedule of Fees be maintained, and review the criteria again in five years' time. The expected result of updating the lists is consequently that nationals and residents of Bahamas and Kuwait will become eligible for the reduction under item 5(a) and nationals and residents, whether natural persons or not, of Vanuatu and Bhutan will cease to be eligible for the reduction under item 5(b) (refer to document PCT/WG/17/5 Rev).
The Working Group also held a sharing session on the Patent Prosecution Highway (PPH) and the PCT. Presentations made during the sharing session are available. The meeting documents and the Summary by the Chair are available. For further information refer to the PCT Newsletter 2024/03 [PDF] .
PCT Text Processing Task Force
The first session of the newly created PCT Text Processing Task Force took place as a virtual meeting from 29 to 31 January 2024. The aim of the Task Force is to advise the International Bureau on how to update the filing, processing and publication requirements within the PCT to facilitate more effective and widespread filing and processing of international applications in full text format in the international phase. Documents for the session are available.
PCT MIA meeting
The 30th session of the Meeting of International Authorities (MIA) under the PCT was held as a virtual meeting on 1 to 3 November 2023. The Summary by the Chair and working documents can be found on the WIPO website. The meeting inter alia discussed:
- a status report on the PCT Minimum Documentation Task Force (document PCT/MIA/30/2);
- a final report of the IP5 PCT Collaborative Search and Examination pilot (document PCT/MIA/30/3);
- the citation of non-written disclosures as relevant prior art in international search and preliminary examination (document PCT/MIA/30/5).
For further information, please consult the PCT Newsletter 11/2023 [PDF] .
eGuide - new version of the PCT Applicant's Guide
In order to increase data processing efficiency and provide users with enhanced functions and a better navigation experience, the International Bureau has created a fully electronic version of the PCT Applicant's Guide, called the "eGuide". Applicants and Offices are encouraged to exclusively use the new eGuide and in interim change any bookmarks linking to the PDF Annexes of the traditional Guide. Since 1 December 2023, the International Bureau has discontinued the updating of the traditional PDF Guide content.
IP data reports 2024 and 2023
The PCT Yearly Review 2024 summarizes PCT activities and developments in 2023. It contains a comprehensive set of statistics relating to PCT filings and the performance of the international patent system. The special theme in this year’s edition of the PCT Yearly Review provides a descriptive analysis of “The technological composition of PCT applications”.
The World Intangible Investment Highlights reports together with underlying data from the Global INTAN-Invest Database offer novel, up-to-date cross-country, quarterly and annual measures of investment into intangible assets, including those not included in official statistics.
The World Intellectual Property Report (WIPR) 2024 on “Making innovation policy work for development”, is available now (consult for more information).
This year's Global Innovation Index 2023, providing performance measures and ranking 132 economies on their innovation ecosystems, is available now (consult for more information).
The World Intellectual Property Indicators 2023: This report analyses IP activity around the globe. Drawing on 2022 filing, registration and renewals statistics from national and regional IP offices and WIPO, it covers patents, utility models, trademarks, industrial designs, microorganisms, plant variety protection and geographical indications. The report also draws on survey data and industry sources to give a picture of activity in the creative economy. For highlights of the report, please consult the press release.
The WIPO's IP Facts and Figures for 2023, providing an overview of IP activity, using the latest available year of complete statistics, is now also available.
PCT Success Stories
Do you have a PCT success story that you would like to share with us? If so, you can now share your story with WIPO and other users of the PCT about how the PCT helped you to seek protection for your invention. WIPO will highlight a selection of the submitted success stories on the PCT website and on WIPO social media. For further information, consult the dedicated webpage on PCT Success Stories.
ePCT and electronic filing update
New version of ePCT to be released late July 2024 improving inter alia self-service on the right to practice as an agent.
A new ePCT Business Continuity Service is available since 2023 as an alternative mode of filing international application and submitting post-filing documents at the International Bureau and other ePCT-participating Offices, in particular, to the limitation of fax services to emergency situations by 1 January 2020 (and also, for the rare cases that ePCT is unavailable) (further information is available on the ePCT Business Continuity Service and on limited fax services [PDF] ).
The following Offices now accept international applications filed using the ePCT-Filing function in ePCT: Offices accepting ePCT-Filing
ePCT has best-in-class validation features - all data checks are made against the International Bureau's database at the time of preparation of the application. To access the ePCT System or read more about the new features for applicants and patent Offices [PDF]. Push notification as a new method for strong authentication was added in April 2022. A series of new ePCT video tutorials for IP Offices and applicants is now available.
Technical aspects and reference data for electronic filing and managing PCT applications and settings at participating Offices, in particular, detailed Office profiles are available. Office profiles are not limited to Offices accepting ePCT-filing.
Reminders
Learn the PCT video series
A series of 29 short videos (approximately 15 minutes each) presented by Matthias Reischle-Park, Deputy Director, PCT Legal and User Relations Division, WIPO [YouTube] (with subtitles available for a growing number of videos in Chinese, Korean, Japanese and Russian, a full version in Japanese and also a Portuguese-subtitled version prepared by INPI Brazil and an Arabic-subtitled version prepared by the Saudi Authority for Intellectual Property (SAIP)). This series is:
- designed to provide a basic introduction to important aspects and issues in the international phase and national phase of PCT processing; and
- closely follows material covered during basic PCT training seminars and will be particularly useful for those who have not attended such seminars in person, for small and medium-sized enterprises, and for PCT users and potential users in developing and least-developed countries.
A webpage with links to a collection of 15 (free of charge) webinar recordings on aspects of the PCT (and associated materials) carried out by US-based PCT expert and WIPO consultant Carl Oppedahl is also available (for webinars on ePCT and PCT Forms refer to below webinars).
PCT Webinars
- PCT Webinars are used to deliver PCT information, training and updates in ten languages free of charge; recorded webinars are available at PCT Webinars; a special series of webinars: "Exploring the PCT", with an advanced PCT audience in mind, began in April 2021 in all 10 PCT publication languages.
- WIPO will be pleased to organize private PCT seminars for your company or firm; for seminars open to the public, please consult the PCT Seminar Calendar. PCT presentations within the context of Roving Webinars on all WIPO Services and Initiatives were added in May 2020 and Advanced Webinars with regional focus in October/November 2020.
- Carl Oppedahl, an experienced patent attorney (Oppedahl Patent Law Firm LLC), WIPO PCT Consultant and PCT user, organized a series of 16 ePCT training webinars starting 2 March 2023. The recordings and supporting documents for this webinar series are available.
- In December 2023, Carl also organized a free series of four webinars about PCT forms. The recordings of the four webinars are available.
WIPO IP Diagnostics
As part of WIPO's on-going effort to strengthen its program of support for the business sector, WIPO developed, in collaboration with the International Trade Center (ITC) and the International Chamber of Commerce (ICC), WIPO IP Diagnostics. WIPO IP Diagnostics is a free, self-assessment tool designed to help small businesses identify their IP assets and determine how to protect, manage and leverage these assets to unlock new commercial opportunities.
Introductory PCT Distance learning course
The DL101PCT 4 hour course provides an introduction and general overview of PCT; it is complemented with self-assessment tools that are strategically placed throughout the course to measure understanding and progress and it is available in ten languages.
Supplementary International Search
- Requesting one or more supplementary international searches (SIS), during the international phase procedure, expands both the linguistic and technical scope of the search
- SIS addresses PCT applicants' concerns about new prior art being found once they have already entered the national phase and provides extra information in cases where the applicant believes that the commercial value of an invention warrants the additional expense in the international phase.
- Get an introduction into SIS by a short video or the relevant part of the Applicant's Guide.
The PATENTSCOPE database
- PATENTSCOPE offers free access to over 4.9 million PCT applications as part of its collection of 117 million patent documents.
- Contains the national patent data collections of 81 national or regional patent Offices.
- The interface features a number of powerful tools, including cross-lingual and chemical compound (including substructures and Markush) searches, XML data and hyperlinks to citations in international search reports, as well as machine translation. Information on patent families and non-patent literature was added and extended recently.
- Information on national phase processing of PCT applications is now available for 84 Offices. Global Dossier public information is available for 10 Offices.
- The redesigned version of the Patent Register Portal contains legal status information for over 200 national and regional collections, including a search functionality by PCT application number. The new tool WIPO Inspire provides a collection of reports on different functionalities of patent databases.
DAS
The WIPO Digital Access Service (DAS) is an electronic system allowing priority documents and similar documents to be securely exchanged between participating intellectual property (IP) offices, including for PCT purposes (further information). DAS is generally free of charge and simplifies providing priority documents previously exchanged by paper. Many Offices joined DAS recently (consult WIPO DAS News).
PCT-Patent Prosecution Highway Pilot (PCT-PPH)
PCT-PPH pathways enable applicants to request a fast track examination procedure.
- 50 per cent of overall PPH is PCT-PPH.
- Data from selected Offices show that PCT-PPH requests have a higher grant rate and a higher first Office action allowance rate than all applications combined. The average pendency rate from the PCT-PPH request to final decision less than for all applications combined consult JPO PPH webpage: and the PCT Yearly Review 2024 [PDF], C28
- Further available: video on user experience, Carl Oppedahl [YouTube].
More about other worksharing initiatives among Offices.
WIPO GREEN
A platform that matches owners of environmentally sound technologies (ESTs) with those seeking licensing or partnership agreements. Listing your ESTs in the WIPO GREEN platform is free of charge and offers a practical additional means for seeking potential licensees or partners.
WIPO Arbitration & Mediation Center
Gives 25% reduction in the registration and administration fees for its alternative dispute resolution (ADR) services where at least one party to the dispute has been named as an applicant or inventor in a published PCT application (PCT Newsletter, June 2012, page 8 [PDF]).
WIPO Inventor Assistance Program
The WIPO Inventor Assistance Program (IAP) aims at matching developing country inventors and small businesses with patent attorneys providing pro bono legal assistance.