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How can I file a PCT patent from Non PCT country?

Ask Patents Asked by Abtahee Salekeen on October 3, 2021

I want to file a international patent from Non PCT country.But my country is a member of Paris Convention. How can I file an international patent from my country?

One Answer

How can I file an international patent from my country?

You could file under the Paris Convention directly in whatever countries you like. There is no requirement to use the PCT path.

Regarding the PCT, a PCT application needs to have at least one applicant who is a resident of a PCT state. If you are not a resident of a PCT state you can file by having an "applicant of convenience" who is from a PCT country. What is often done is to have a second applicant who, for example, is the applicant as it relates to some very small state - Guinea-Bissau, Burkina Faso, Saint Kitts and Nevis, etc.

You can file directly with the International Bureau in Geneva.

That person would have the right to enter the national stage in the tiny country and claim patent rights. They would not be incorrectly portrayed as a co-inventor but essentially a very geographically limited co-owner. It might sound devious but is not.

Correct answer by George White on October 3, 2021

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