When an SME develops an innovation, the question of international protection quickly comes to the table. How can you secure your rights in multiple countries without immediately embarking on an administrative and financial marathon?
What is the PCT?
The PCT (Patent Cooperation Treaty) is an international system that simplifies patent application filing in multiple countries.
It does not grant a "world patent" (no such thing exists), but allows you to centralize the initial phase of the procedure and gain time before having to enter each country.
In practice, a PCT filing:
- is single: one application to target over 150 member countries,
- is flexible: you generally have 30 to 31 months from your first filing to choose the countries in which you actually want to protect your invention,
- includes an international search report that sheds light on the novelty and inventive step of your invention.
Why is the PCT attractive for an SME?
For an SME, the PCT offers three major advantages:
a) Gaining time to decide
You are not required, from the outset, to choose the countries where you want to protect your invention. You can use this period to:
- test the market,
- seek commercial or industrial partners,
- raise funds.
b) Optimizing your financial resources
The PCT allows you to defer the significant costs associated with translations, local fees and attorney fees in each country.
c) Strengthening your strategy
The international search report and written opinion obtained through the PCT allow you to assess the strength of your invention, particularly if amendments have been made to the claims compared to the priority application, before committing to significant expenditure.
How does it work?
1/ National or regional filing
You generally start by filing a national patent application (priority application).
2/ PCT application filing
Within 12 months of the first filing date (priority date), you file your international application.
3/ International search
A designated office examines your invention and publishes a search report and a written opinion.
4/ Publication
The PCT application is published by WIPO (World Intellectual Property Organization) 18 months after the priority date.
5/ National / regional phase entry
No later than 30 or 31 months after the priority date, you select the countries and proceed with local formalities to obtain a patent.
Best practices for SMEs
Plan ahead: The PCT buys time, but upstream preparation remains key.
Be selective: Protecting everywhere is unrealistic; focus on your target markets and those where your competitors are located.
The PCT is a strategic tool for innovative SMEs: it offers flexibility, pushes back the deadline for major investments, and enables you to build a well-considered international protection strategy. When used effectively, it can make the difference between costly, poorly targeted protection and a robust patent strategy aligned with your business development goals.
Looking to protect your invention internationally through the PCT?
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