CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions
Kaveri Agro Labs has filed a PCT international application. A colleague says the PCT will result in the grant of one 'international patent' enforceable in all member states. Which statement correctly corrects this view?
The PCT only offers a unified procedure for filing, international search and publication. It does not grant an international patent. Each national or regional office decides on grant under its own law after the applicant enters the national phase there.
- AThe PCT gives a single international patent once the international search report is published
- BThe PCT only provides a unified filing procedure; grant of patents remains with each national or regional office during the national phaseCorrect
- CThe PCT grants a patent automatically in countries named in the request after 18 months
- DThe PCT grants a patent valid in India alone, as the receiving office is Indian
Explanation
The PCT streamlines filing, international search and optional preliminary examination, but it does not grant patents. Each designated office decides on grant under its own law after national phase entry. The other options wrongly attribute grant power to the PCT system.
Did you get it right without looking?
One question tells you little. A timed set on Role of International Institutions shows your real accuracy, how long you take and where you lose marks.
More Role of International Institutions questions
- Tarang Pharma, Hyderabad, filed a PCT application designating several countries. The International Searching Authority issued a written opin…
- Under the Budapest Treaty, Vidyut Biologics deposits a microorganism with an International Depositary Authority and then files patent applic…
- Kaveri Textiles, a WTO member's exporter, finds that India grants a trade advantage in IP protection to nationals of Country X. Under TRIPS,…
- Rohan Handicrafts, a Jaipur exporter, brands its goods and wants one international trademark filing based on its Indian registered mark. Ind…
- Kaveri Textiles, a Chennai firm, has filed its first patent application in India on 10 March. It now wants protection in France and Japan an…
- Mehta Pharma Ltd, an Indian company, wants to file one international patent application designating several countries, so that a single fili…