Where an inventor wishes to file as many patent applications as different countries in which he tries to protect an invention, the inventor has to deal with a complex filing process involving diverse problems and difficulties.
An important step forward in the simplification of such filing process and the harmonisation of intellectual property is the Patent Cooperation Treaty (PCT).
It should be noticed that – except for certain regional systems – the traditional patent systems require that an individual patent application be filed in each country where patent protection is sought. However, within the PCT framework, it is possible to obtain the protection of a patent in several countries simultaneously by filing an international patent application.
The PCT allows filing a sole patent application, either in the patent office of one of the member countries or in the international office of the World Intellectual Property Organization (WIPO). In this way, the applicant obtains a priority date valid in all the member countries stated in his application and can enjoy a period of time in order to evaluate the real possibilities of patent protection in the different countries he selected. .
It is worth noting that the Treaty (which came into force in 1978) is administered by the World Intellectual Property Organization (WIPO).
Regrettably, Argentina is not a member of the PCT and consequently foreign patent applicants must decide in a shorter time period whether or not to file a patent application in the country, maintaining their foreign priority application date. Applicants with domicile in Argentina do not enjoy PCT benefits in the member countries of the Treaty.
The ratification of the PCT by Argentina would mean an important step forward in the harmonisation of intellectual property rules, thus contributing to the promotion of international trade.
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