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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Sunrise Textiles of Ludhiana has filed one international application designating India and several other countries, and it wants a single filing to start the patent process in many countries, with national grant decisions left to each country's office. A colleague confuses this with the Madrid system. Which statement is correct?

The Patent Cooperation Treaty offers a single international patent filing with an international search and publication, but there is no global patent. Each designated country examines and grants under its own law. Madrid deals with trademarks and Budapest with microorganism deposits.

  1. AThe Patent Cooperation Treaty provides a single international filing for patents, but each designated country decides on grant under its own lawCorrect
  2. BThe Patent Cooperation Treaty grants a single worldwide patent enforceable in all member countries
  3. CThe Madrid system is the one used for filing international patent applications
  4. DThe Budapest Treaty governs filing of international trademark applications

Explanation

PCT lets an applicant file one international application, with search and publication, and then enter national or regional phases where each office decides grant under its own law. It does not grant a worldwide patent. Madrid concerns trademarks, and the Budapest Treaty concerns deposit of microorganisms for patent procedure.

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