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INTERNATIONAL PATENTS (PCT)A PCT patent is a procedure by means of which a single application is made with effects for a set of countries. Requisites as regards their innovation, inventive step and industrial applicability are established..
PCT patents can be covered by Patents in the countries designated, and also Utility Models, depending on whether national legislation allows this.
A PCT application may claim priority in a country within one year from the initial application, meaning that any disclosure made from the date of priority to that of the application will not invalidate the innovation nor the inventive step, essential requisites required by the Agreement.
The priority of a PCT application can similarly be claimed for obtaining rights in other countries.
They are not subject to annual payments, but the national or regional stages which eventually stem from them are.
A PCT application includes the execution of an International Search Report, and optionally the execution of a preliminary examination on its innovation, inventive step and industrial applicability, not binding for any later national decision.
The period allowed for implementing the national phase, after carrying out the preliminary examination, is thirty months (thirty-one months in some countries). If the preliminary examination was not applied for, there are some countries in which the period is limited to twenty months).
REQUISITES FOR PCT APPLICATIONSLos requisitos para la obtención de una patente europea son los siguientes: