Patent Cooperation Treaty – FAQs

The PCT is an international treaty with more than 155 contracting states that lets you seek patent protection in many countries simultaneously through a single “international” application.

The PCT centralises the application process, including formality examination, search and optional preliminary examination. The actual decision to grant a patent stays with each national or regional office during what is called the “national phase”.

Yes. Malaysia acceded to the PCT on 16 May 2006, with the Treaty taking effect domestically on 16 August 2006. Malaysian applicants can file PCT applications through MyIPO as the Receiving Office, or directly with WIPO in Geneva.

The PCT is used by major corporations, research institutions and universities, as well as SMEs and individual inventors seeking international patent protection. To file, at least one applicant must be a national or resident of a PCT contracting state. For multinational filings from Malaysia, only one of the named applicants needs to satisfy this requirement.

Patents are territorial, so you have two main international routes:

1. Paris Convention (direct) route. File separate national applications in each country, claiming priority from a first filing within 12 months.
2. PCT route. File one international application that has legal effect in all PCT contracting states, then enter the national phase in your chosen countries up to 30 months later.

Our team can help you decide which route is more cost effective based on your target markets.

Malaysian applicants and residents typically file with MyIPO as the Receiving Office, or directly with WIPO if national security provisions allow. MyIPO will perform the initial formality check and transmit the application to the International Bureau.

Yes. In the vast majority of cases, PCT applications are filed electronically using WIPO’s ePCT-filing system, which automatically validates the entered data and highlights inconsistencies. Electronic filing also entitles you to fee reductions and helps you manage deadlines for follow-on actions.

You may file in any language accepted by the Receiving Office. For Malaysian applicants filing through MyIPO, English is the most practical choice as it is widely accepted, qualifies as a PCT publication language, and avoids translation costs at the international phase.

If you have already filed a first national or regional patent application, you have 12 months under the Paris Convention to file a PCT application claiming that earlier filing as the priority date. Any acts that occur between the first filing and the PCT filing, such as a third-party filing, publication or sale, cannot invalidate your patent.

At the international phase, applicants generally pay three fees:

• An international filing fee set by WIPO (approximately CHF 1,330).
• A search fee payable to the chosen International Searching Authority, ranging from roughly CHF 150 to CHF 2,000.
• A small transmittal fee charged by the Receiving Office.

The largest pre-grant expenses come at national-phase entry, where you will incur national filing fees, translation costs and local agent fees in each country. We can provide a tailored estimate based on your target jurisdictions.

Yes. Electronic filing attracts fee reductions across all applicants. WIPO also provides up to a 90% reduction on certain fees, including the international filing fee, for natural persons filing in their own right from qualifying developing countries. Some International Searching Authorities offer further search-fee reductions for nationals of specific countries.

Several offices are appointed as International Searching Authorities (ISAs). For Malaysian applicants filing through MyIPO, the competent ISAs typically include the European Patent Office, the Korean Intellectual Property Office and the Australian Patent Office, among others. Where more than one ISA is available, you may choose, taking into account language, cost and prior-art coverage.

The International Search Report is a list of patent documents and technical literature that may affect the novelty or inventive step of your invention. It is accompanied by a non-binding Written Opinion on patentability.

A favourable report gives you confidence to proceed into the national phase, while an unfavourable report allows you to amend your claims, withdraw the application before publication, or adjust your filing strategy before incurring national-phase costs.

At your request, a second ISA can carry out an additional search in a different language or technical scope. This reduces the risk of new prior art surfacing later in the national phase, especially for inventions where relevant literature may exist in languages outside the main ISA’s coverage.

Almost always, yes. The ISA may issue a declaration of no search where the application relates to excluded subject matter or where the description, claims or drawings are not sufficiently clear. A partial search may also be issued where the ISA considers that the application covers multiple inventions and additional search fees have not been paid.

WIPO publishes the international application shortly after 18 months from the earliest priority date, together with the International Search Report, on the PATENTSCOPE database. Once published, the application is accessible worldwide.

No. Until international publication, no third party may access your application unless you authorise it. If you withdraw the application before publication, it will not be published and third-party access does not become possible.

International Preliminary Examination is a second, optional patentability evaluation conducted by an International Preliminary Examining Authority (IPEA). It is the only stage of the PCT procedure where you can actively dialogue with an examiner, submit amendments, and present arguments before national-phase entry.

The output is the International Preliminary Report on Patentability (Chapter II), which provides a stronger basis for national-phase prosecution. It is worth considering where the initial Written Opinion was unfavourable or where you want to refine the application before incurring national-phase costs.

The international phase typically gives you up to 30 months from the earliest priority date before you must enter the national phase in your chosen countries. This window allows you to evaluate commercial viability and refine your invention before committing to national-phase costs.

The actual time to grant after national-phase entry depends on each national or regional office and can range from 2 to 5 years or longer.

National-phase entry must generally be completed before the 30-month deadline from the priority date (31 months in a few jurisdictions). The requirements typically include paying national fees, filing translations where required, and appointing local patent agents. Missing this deadline normally results in loss of rights in that country.

Each national or regional office determines whether to grant a patent under its own laws. Your International Search Report, Written Opinion and, where applicable, IPRP form valuable supporting material, but each office reaches its own decision. In Malaysia, MyIPO conducts substantive examination and may apply modified examination where the corresponding foreign patent has already been granted by a prescribed office.

• One filing, broad reach. A single international application covers all PCT contracting states.
• Deferred costs. You have up to 18 additional months before incurring national-phase translation, agent and filing fees.
• Strategic insight. The International Search Report and Written Opinion give you an early view of patentability.
• Standardised procedure. A PCT-compliant application cannot be rejected on formal grounds during the national phase.
• Possible fast-track. In jurisdictions with PCT-Patent Prosecution Highway (PCT-PPH) arrangements, you may accelerate national-phase examination.

Not necessarily. The PCT offers more time and broader reach, but it adds WIPO fees that are avoided in the direct Paris route. For applicants targeting only one or two foreign countries, direct national filings under Paris Convention priority can be more cost effective. Our team can help assess which route aligns with your commercial goals.

As registered Malaysian patent agents, we handle PCT filings end-to-end through MyIPO and directly with WIPO. Our services include drafting, international filing, monitoring the international phase, advising on ISA and IPEA selection, responding to written opinions, and coordinating national-phase entry through our trusted overseas associate network. To discuss a specific matter, please book a consultation.