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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Anand Software Pvt Ltd, a Pune company, wants a single international patent application that can later be taken into several countries, rather than filing separately in each at the outset. India is a contracting state to the Patent Cooperation Treaty. What is the main effect of filing an international application under the PCT?

A PCT application lets an applicant seek protection in many member countries through a single filing and international search. It does not produce a global patent; each national or regional office still examines the application and decides on grant under its own law.

  1. AIt grants one patent valid automatically in all member countries
  2. BIt lets the applicant seek protection in many countries through one application, with grant decided separately by each national officeCorrect
  3. CIt removes the need for any novelty search
  4. DIt replaces the Indian Patent Office as the granting authority for Indian rights

Explanation

The PCT provides a unified filing procedure and international search, but no worldwide patent is granted. Each designated country decides on grant under its own law. The first option confuses a unified filing with a unified grant, which is the common error.

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