PCT Signed In 1978

1978 PCT was signed

Introduction

The first international application under the Patent Cooperation Treaty was filed on Thursday June 01, 1978. this paper describes the origins and background of the Patent Cooperation Treaty, its evolution since it entered into force in 1978 as well as its purposes and objectives.

Origin and Background

With the advent of science, technology and increasing intercourse between states, the various nations of the world realised that the patent application scheme as envisaged under the Paris Convention, 1883 suffered from the twin evils of substantially increasing the cost of patent applications and imposing considerable stress on Patent Offices.

It was thought necessary to introduce an international legal measure under which a centralised agency would be able to ascertain whether an invention at the outset was patentable (i.e. whether it satisfied the three criteria of novelty, non-obviousness and industrial application); and if so, in which countries of the world it could be patented. It is out of this need that the Patent Cooperation Treaty, 1970 evolved (Bartels, 1988, 40-45). The Patent Cooperation Treaty, 1970 was the monumental outcome of the Washington Diplomatic Conference held in May, 1970 between 18 Contracting States to ease tedious patent filing procedures globally. The Treaty entered into force on January 21, 1978 and the first international applications were filed on June 1, 1978 (Bogsch, 1981, 3-10).

The Treaty (commonly referred to as “PCT”) is administered by the World Intellectual Property Organization (WIPO) and at present has 135 Contracting Parties. The PCT introduced a new era of cooperation for the facilitation and promotion of patents worldwide. Several commentators observe that the progressive measures undertaken in the Paris Convention, 1883 are seconded only by the PCT. The PCT establishes an international system of filing of patents (Bartels, 1988, 40-45).

Purposes and Objectives of the ...