158 contracting statesWhat is the Patent Cooperation Treaty?
The Patent Cooperation Treaty (PCT) is an international treaty administered by the World Intellectual Property Organization (WIPO) that allows applicants to seek patent protection in over 158 contracting states through a single international application.
Malaysia acceded to the Patent Cooperation Treaty on 16 May 2006, with the Treaty taking effect domestically on 16 August 2006. A PCT application filed through MyIPO is considered equivalent to filing national patent applications in each designated country.
How the PCT Works
Filing a PCT application offers a streamlined route to international patent protection. Rather than filing separate national applications in every country of interest, an applicant files one international application that is treated as having been filed in all designated PCT member states. The procedure splits into two phases.
International Phase
- Filing The applicant files an international application with a national or regional patent office or WIPO in one language, paying one set of fees and complying with PCT formality requirements.
- International Search & Publication of Documentation The International Searching Authority (ISA) is entrusted with assembling the International Search Report and primary Written Opinion of PCT applications. The ISA first determines if published patent documents and technical literature have an influence on the patentability of the applicant’s invention; a written opinion on patentability is then summarised. After 18 months from the earliest priority date, the contents of the international application are disclosed alongside the international search report.
- Supplementary International SearchOptional At the applicant’s request, a second ISA can determine if there are published documents and technical literature that have not been identified by the first ISA during the first search.
- International Preliminary ExaminationOptional At the applicant’s request, an additional patentability analysis can be implemented on the amended application, in accordance with the content of the written opinion.
National Phase
Following the international phase, the applicant is free to seek patent protection from the national or regional offices of designated countries, typically at 30 months from the earliest filing date of the applicant’s initial application from which he or she claims priority. In the national phase, national or regional laws, rules and regulations apply to determine the patentability of the invention.
From Single Filing to International
File international application
One filing covers all PCT member states.
International search
International Searching Authority (ISA) issues search report and written opinion.
International publication
WIPO publishes the application and search report.
International preliminary examination (optional)
International Preliminary Examining Authority (IPEA) issues International Preliminary Report on Patentability (IPRP).
National phase entry
Translations, fees and local agents per country.
National examination & grant
Each office decides under its own laws.
Key Advantages
- Single filing, broad reach. Cover up to 158 contracting states with one application.
- Deferred costs. National-phase entry can be delayed up to 30 or 31 months from the priority date, giving applicants time to assess commercial viability before committing to country-specific costs.
- Strategic information. The international search report and written opinion provide early insight into the strength of an application before national-phase costs are incurred.
- Standardised process. One language, one set of formal requirements, and one fee at the international stage.
Filing Through Malaysia
Malaysian applicants and foreign applicants resident in Malaysia may file PCT applications directly through MyIPO as the Receiving Office. As registered patent agents in Malaysia, Quality Oracle handles PCT filings end-to-end, from drafting and international filing through to national-phase entry in selected jurisdictions.
For an overview of how the PCT complements Paris Convention priority, please see our Paris Convention page.
Who Can File a PCT Application?
An applicant wishing to make a PCT application for his or her invention must be a resident or national of a PCT member country. Where multiple applicants are named in the international application, only one of them needs to comply with this requirement. Legal entities such as corporations, research institutions, companies and enterprises are also eligible to make an application under the PCT, provided that the legal entity is constituted under the national law of the PCT member country in question.
Member states List of PCT Contracting States
