PATENT CO-OPERATION TREATY

FILING A PATENT APPLICATION ABROAD -PATENT COOPERATION TREATY (PCT)

Filing your patent applications abroad

There are several options in which you can lodge patent application in several countries abroad which includes;

a) file separate application at the same time in all of the countries in which you would like to protect your invention or use the services of the regional patent offices if available

b) file a patent application in a Paris convention country and then file separate patent applications in other Paris convention countries within 12 months from the filing date of that first patent application, benefiting from the first filing date.

c) Lodge a single application through the PCT system.

The Patent cooperation Treaty (PCT)

The PCT is an international treaty, concluded in 1970 in Washington and administered by the World Intellectual Property Organization (WIPO). It has 141 contracting states. The PCT system makes it possible to seek patent protection for an invention simultaneously in all 141 member states by filing a single application (international) through the Receiving Office (RO) or International Bureau of WIPO. The PCT system does not grant patents, the granting of patents remains under the control of the national or regional patent offices, in which case the national laws or regional Treaty is applicable.

The Stages of PCT System.

PCT system can be divided into five (5) stages through which a PCT application must go through;

i) Filing: The applicant files an international application, complying with the

PCT formality requirements, in one language and pay one set of fees.

ii) International Search: an International Searching Authority (ISA) carries out a search to identify prior published documents that may have an influenced on whether an invention is patentable and establishes an opinion on the invention’s potential patentability.

iii) International publication: as soon as possible after the expiration of 18 months from the earliest filing date, the content of the international application is disclosed to the world (public) through publication.

iv) International preliminary examination (optional): upon request by the applicant, an international preliminary examining authority (IPEA) carries out an additional patentability analysis of the application.

v) National phase: after the end of the PCT procedure, usually 20 – 30 months from the earliest filing date, the applicant starts to pursue the grant of the patent directly before the national or regional patent offices of the countries he has interest.

PCT FEES WHERE KIPI IS A RECEIVING OFFICE (RO)

LODGING PCT APPLICATION

Table 1

No.

ITEM

AMOUNT

1.

Transmittal fee

USD 250 or Equivalent in KES plus mailing cost.

2.

International filing fee[1]

USD 1300 or CHF 1330

3.

Extra fee per sheet over 30[2]

CHF 15

4.

E-filing reduction[3]

CHF 100 or USD 98

5.

Competent international Search Authorities (IAS) for Kenya

AT, AU, CN, EP and SE

SEARCH FEES

Table 2

No.

ISA

AMOUNT

1.

AT

CHF 2,575, or USD 2,515, or EUR 1,700

2.

EP[4]

CHF 2,575, or USD 2,515, or EUR 1,700

3.

AU

CHF 1,430, or USD 1,397, or EUR 944

4.

SE

CHF 2,575, or USD 2,515, or EUR 1,700

5.

CN

CHF 314, or USD 307, or EUR 208

Key to abbreviations used

AT : Austria patent office, Austria

EP : European patent office

AU : IP Australia, Australia

SE : Swedish patent and registration office, Sweden

CN : China patent and Trademark office, China



[1] This fee is reduced by 90% where the applicant or if there are two or more applicant, each applicant is a natural person and is a national of KENYA and resides in KENYA

[2] same as footnote 1

[3] If the international application is filed in electronic form, the request not being in character coded format

[4] This fee is reduced by 75% where the applicant or if there are two or more applicant, each applicant is a natural person and is a national of KENYA and resides in KENYA

 

 


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