Patent PCT Filing to Protect Your Invention Globally
patent pct — learn how a PCT application works, what it costs, and how to use the Patent Cooperation Treaty to protect your invention in 150+ countries. Get
[SERVICE]PCT patents
PCT patent application attorneys
One PCT application, filed within 12 months of your first US filing, keeps your rights open in 159 countries and moves most foreign costs to month 30 or 31. One flat fee.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
[01]Who it's for
For inventors whose market does not stop at the border.
A PCT application usually follows a US filing, when the inventor expects to sell, manufacture or raise money abroad but does not yet know which countries will matter. The PCT keeps those countries open while they find out.
Products made or sold abroad
Hardware with customers, factories or competitors outside the US, where a US patent alone leaves gaps.
Medical devices
Devices headed for Europe and Asia as well as the US, drafted with foreign rules on treatment methods in mind.
Software and AI
Methods a competitor abroad could copy, written for both US eligibility and the European technical-effect test.
Semiconductors and electronics
Chips, components and devices where the supply chain and the competitors are global from day one.
[02]What it does
One filing that keeps the world open.
A PCT application is a placeholder with real legal effect. It holds your date in every member country and gives you a search report, but every patent still comes from a national or regional office.
Each country you enter at month 30 or 31 applies its own law, including its own rules on what can be patented.
A PCT application does
- Holds your US filing date abroadFiled within 12 months, it claims the date of your provisional or US application in every PCT member country.
- Keeps 159 countries openOne application, in English, filed with the USPTO, counts as a filing in each PCT member country.
- Buys timeNational filings, translations and foreign fees wait until month 30 or 31 from your first filing.
- Gives you an early searchAn international search report and written opinion tell you where your claims stand before you spend abroad.
It does not
- Grant an international patentThere is no such thing. Each country or region examines and grants its own patent.
- Cover every countryTaiwan and Argentina, for example, are not PCT members and need a direct filing.
- Extend the 12-month deadlineThe PCT application itself has to be filed within 12 months of your first filing to keep that date.
- Protect a designProduct designs go abroad through the Hague system or direct design filings, not the PCT.
- Remove the foreign costsIt moves them to month 30 or 31. National fees, translations and local counsel still apply in each country you choose.
- Undo an early disclosureMany countries have no grace period, so a launch before your first filing can cost you rights abroad.
[03]The basics
What is a PCT patent application?
A PCT patent application is one international application filed under the Patent Cooperation Treaty, a treaty run by the World Intellectual Property Organization (WIPO). It has the effect of a filing in every member country, and it ends in national patents, never in one worldwide patent.
There is no international patent
Patents are territorial. A US patent covers the US, a European patent covers the countries it is validated in, and so on. The PCT does not change that. It gives you one place to start, one set of formalities and one search, and then you choose the countries where you actually want a patent.
Who can file one with the USPTO
The USPTO acts as a receiving office for PCT applications filed by US nationals and residents. That lets a US inventor or company file in English, in the same system as their US application, and pay most of the fees in dollars.
What a PCT patent attorney does
We prepare the international application from your US filing and file it before the 12-month deadline, claiming your US date. For the background on how the treaty works, see our guide to the PCT patent process.
[04]Timeline
The PCT timeline, from your first filing to month 30.
Every PCT deadline counts from your priority date, which is the date of your first US filing. The international phase runs on one clock for every country, and the national phase starts at month 30 or 31.
| Month | What happens |
|---|---|
| Month 0 | Your provisional or non-provisional is filed in the US. This is your priority date. |
| By month 12 | The PCT application is filed, claiming your US date. Your US non-provisional is due at the same time if you filed a provisional. |
| About month 16 | The international search report and written opinion arrive. |
| Month 18 | WIPO publishes the application. |
| By month 22 | Last date to request optional international preliminary examination, called Chapter II. |
| Month 30 or 31 | National phase. You file in each country or region you choose. |
The international search report and written opinion
An International Searching Authority, such as the USPTO or the European Patent Office, searches for prior art and sends a report with a written opinion on whether your claims look new, inventive and industrially applicable. The deadline is three months after it receives the search copy or nine months from your priority date, whichever is later, so for a PCT filed at month 12 the results usually come a few months later. After the report, you can amend the claims once.
International publication at 18 months
WIPO publishes the application promptly after 18 months from your priority date. From then on it is public, and anyone can read what you filed. Plan any trade secret decisions around that date.
Chapter II, optional international preliminary examination
If the written opinion is unfavorable, you can file a demand for international preliminary examination, argue against the opinion and amend the claims. The demand is due three months after the search report or 22 months from your priority date, whichever is later. It costs more and is optional. It makes sense when a better report would help you in the countries you plan to enter.
National phase at month 30 or 31
The US, China and Japan require national phase entry by 30 months from your priority date. The European Patent Office, Korea, India, Australia and the United Kingdom allow 31. If you miss a country's deadline, the PCT route there generally closes, though some offices allow late entry or reinstatement for a fee.
A favorable written opinion can also support faster examination in offices that take part in the Patent Prosecution Highway. More in the Patent Prosecution Highway.
[05]How we work
Drafted for the US and the countries after it.
Most PCT applications start from a US application. If that application was written only for a US examiner, it can fall short later in Europe or Asia, and nothing new can be added once the PCT is filed. So we look at where the claims will travel before month 12, not at month 30.
Claims that travel
Software claims are written to show a technical improvement, which helps under both the US Alice test and the European technical-effect test. For medical devices, Europe does not patent methods of treating the human body by surgery or therapy, or diagnostic methods practised on the body, so device and system claims carry more of the weight abroad.
One application, one date
The PCT application can add improvements you made after the provisional, but each new feature gets only the PCT filing date. If something important changed, file it before month 12 so it is in the application that goes abroad.
What to bring to your first call
- Your US application number and filing date, or the provisional you plan to build on
- The countries where you sell, manufacture or see competitors, even if the list is rough
- Any dates you have shown, demoed, sold or published the invention
- Where the invention was made, which decides whether a foreign filing license applies
- Your funding and launch plans for the next two years
You do not need to have chosen countries yet. That decision comes at month 30.
[06]Your options
PCT or filing directly in each country?
Both routes start from the same 12-month priority year under the Paris Convention. The PCT adds a second, longer window before the national filings. Filing directly skips it.
| PCT route | Direct filing (Paris route) | |
|---|---|---|
| What you file at month 12 | One PCT application, plus your US non-provisional | A separate application in each country you want |
| When the national filings are due | Month 30 or 31 from your first filing | Month 12, all at once |
| When most foreign costs hit | Month 30 or 31 | Month 12 |
| Countries you can reach | Any of the 159 PCT member countries | Each country you file in, including countries outside the PCT |
| Early read on patentability | Yes, a search report and written opinion | No. Each office examines on its own schedule |
| Time to decide on countries | About 18 more months | None beyond the first 12 months |
| A good fit when | Your markets are still uncertain, or you need time to raise money | You are sure of one or two countries, or one is outside the PCT |
Many inventors combine them. A PCT application for the main markets, and a direct filing within the 12 months for a country that is not in the PCT. For one or two countries you are certain of, a direct filing can cost less overall, because the PCT adds its own fees on top of the national ones.
[07]The US path
How the PCT fits with your provisional and US application.
Most US inventors file a provisional first. Twelve months later they file the US non-provisional and the PCT application together, both claiming the provisional's date. That is the month 0 and month 12 path on our flat-fee timeline.
Month 0, the provisional
A provisional patent application sets your priority date and makes you patent pending. Write it as fully as you can, because the PCT application only keeps the early date for what the provisional actually describes. More on the provisional patent timeline.
Month 12, the US non-provisional and the PCT application
The utility (non-provisional) application starts US examination. The PCT application keeps the rest of the world open. Both can add what you have built since the provisional, but anything new gets only the later filing date.
Or enter the US from the PCT
You can also skip the separate US non-provisional and enter the US national stage from the PCT application at 30 months, under 35 U.S.C. 371. That defers US fees too, but it also delays US examination, so most founders who need a US patent soon file both at month 12.
The USPTO as receiving office and searching authority
US applicants usually file with the USPTO as receiving office. You then choose the International Searching Authority. The USPTO is one option, with small and micro entity discounts on its search fee. The European Patent Office, the Korean office and several others are also available to US applicants, at different fees and with different value for the countries you expect to enter.
Foreign filing license for inventions made in the US
If the invention was made in the US, federal law requires a foreign filing license before you file abroad within six months of your US filing. Filing a US application counts as a request for one, and the filing receipt usually shows the license. Filing the PCT application with the USPTO as receiving office keeps it inside that system.
[08]The flat-fee path
Month 0 and month 12. Flat fees for each.
Every step is quoted before any work begins. Most US inventors file a provisional first, then the US non-provisional and the PCT application together before the 12-month deadline.
01Month 0
Provisional patent
$2.5k–3.5k
Patent pending the day it is filed
- A strategy call on how it works and what to claim first
- Drafted by a registered patent attorney
- You review and approve it before filing
Sets your priority date
Patentability issues, full refund*02Month 12
US non-provisional
$7k–12k
Drawings and USPTO filing fees included
- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex inventions quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee03Month 12
PCT application
$12,000
Flat fee, quoted before any work begins
- Prepared from your US filing by a registered patent attorney
- Filed with the USPTO as receiving office, claiming your US date
- One flat fee, with no hourly billing
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility and PCT applications are quoted flat and are not covered by the guarantee. National phase costs in each country are separate. Rush filings add 50 percent to the flat fee. How The RLG Guarantee works
[09]The process
From your first filing to the national phase.
What happens at each step and who does the work. Timing shown is typical and counts from your first US filing, never a promised date.
PCT applicationMonth 0 to month 30
- Month 001Month 0First US filingA provisional or non-provisional sets your priority date.
- USPTO02USPTOForeign filing licenseUsually shown on the USPTO filing receipt for inventions made in the US.
- $12,00003$12,000PCT application filedWith the USPTO as receiving office, claiming your US date, by month 12.
- About month 1604About month 16Search report and written opinionFrom the searching authority you chose. Review them, and amend if needed.
- Month 1805Month 18International publicationWIPO publishes the application. It is public from here.
- By month 3006By month 30Choose your countriesOptional Chapter II by month 22, then pick the national phase list.
- 07National phaseFiled in each country or region you chose, at 30 or 31 months.
[10]Cost
How much does a PCT patent application cost?
Three layers. Our flat fee to prepare and file it, the government fees for the international application, and later the national phase costs in each country you choose. The PCT does not remove foreign costs. It moves most of them to month 30 or 31.
Government fees for the international application
| Fee | Paid to | Amount |
|---|---|---|
| Transmittal fee | USPTO | $285, or $114 for a small entity and $57 for a micro entity |
| Search fee, USPTO as searching authority | USPTO | $2,400, or $960 for a small entity and $480 for a micro entity |
| Search fee, European Patent Office as searching authority | EPO, collected by the USPTO | $2,237, no entity discount |
| International filing fee, filed electronically | WIPO, collected by the USPTO | $1,416 to $1,542 for the first 30 pages, depending on the filing format, plus $19 for each page over 30 |
| Chapter II handling fee, if you request it | WIPO | $251 |
| Chapter II examination fee, USPTO as examining authority | USPTO | $705, or $282 for a small entity and $141 for a micro entity, when the USPTO also did the search |
Fees are from the USPTO schedule of PCT fees in US dollars effective August 1, 2026. WIPO's fees are set in Swiss francs, so their dollar amounts change from time to time. Your flat-fee quote states which of them it includes.
What drives national phase costs
- Official fees in each office. Filing, search and examination fees set by each country or region.
- Translations. Offices that do not accept English need the application translated, which is often the largest single cost.
- Local patent attorneys. Each country is handled by a local representative who files and answers the examiner there.
- Examination responses. Each office examines separately, so there can be several rounds of responses in several places.
- Renewal fees. Many countries charge yearly fees to keep an application or patent alive, some starting while the application is still pending.
The number of countries is the biggest lever. That is why the time the PCT buys is worth using to narrow the list.
For a wider breakdown across patent types, see how much a patent costs.
[11]Where to file
Which countries should you choose at month 30?
Where you will sell, where the product will be made and where your competitors work. Most inventors end up with a short list, not dozens of countries.
- Your markets. The countries where your customers are, or will be within the life of the patent.
- Manufacturing. A patent where the product is made can stop copies at the source.
- Competitors. Where the companies most likely to copy you are based or sell.
- Investors and acquirers. Some will ask which major markets are covered, often the US, Europe, China and Japan.
- Regional routes. One European patent application through the European Patent Office examines your invention once for its member states.
Countries outside the PCT
A few markets are not PCT members, including Taiwan and Argentina. If you need one of them, file there directly, within the same 12-month priority year if you want your US date.
Software and AI abroad
Each office applies its own eligibility rules at the national phase. Europe, for example, asks for a further technical effect. More on that in filing software patents outside the US, and country by country in AI patents by country.
Protecting a brand abroad works differently. Names and logos go through the Madrid Protocol, covered on our international trademarks page.
[12]Questions
Before you file abroad.
Answers to the questions inventors ask most before the 12-month deadline. Your first call is free.
Book A Free Strategy CallWhat is a PCT patent application?
One international application under the Patent Cooperation Treaty that has the effect of a filing in each of the 159 member countries. It keeps your right to seek patents there and gives you a search report, but it never becomes a patent itself. Each country grants its own patent at the national phase.
Is there such a thing as an international patent?
No. Patents are granted country by country, or by regional offices such as the European Patent Office. A PCT application is the closest thing to one filing for many countries, and it still ends in separate national patents.
How much does a PCT patent application cost?
Our flat fee is $12,000, quoted before any work begins. Government fees for the international application include a USPTO transmittal fee, a search fee that depends on the searching authority and WIPO's international filing fee. The larger costs come at the national phase, in official fees, translations and local attorneys for each country you choose.
When do I have to file a PCT application?
Within 12 months of your first filing on the invention, usually your US provisional or non-provisional, to keep that date. If you miss it by up to two months and the delay was unintentional, the USPTO as receiving office can restore the priority claim for a fee. Treat that as a narrow fix, not a plan.
What happens at 30 months?
The national phase. You file in each country or region you want, with the fees and translations each requires. The deadline is 30 months from your priority date in the US, China and Japan, and 31 months at the European Patent Office and in several other countries. Where you do not enter, the PCT application ends.
Should I use the PCT or file directly in each country?
Use the PCT when you expect to file in several countries or are not sure yet which ones, since it buys about 18 more months and an early search. File directly when you are certain of one or two countries, or when a country you need is not in the PCT.
Do I need a foreign filing license?
If the invention was made in the US, yes, before you file abroad within six months of your US filing. Filing a US application counts as a request for it, and the license usually appears on your filing receipt. Filing abroad without a required license can bar a US patent.
Can I file a PCT application for a design?
No. The PCT covers inventions. Product designs go abroad through the Hague system, which the US joined in 2015, or through direct design filings, which have a six-month priority period under the Paris Convention.
Can I file a PCT application without a US application first?
Yes. A PCT application filed with the USPTO as receiving office can be your first filing, and its filing date becomes your priority date. Most US inventors still start with a provisional, which costs less and starts the same 12-month clock.
Does a PCT application cover Taiwan or Argentina?
No. Neither is a PCT member. If you need protection there, file directly in that country, within the 12-month priority year if you want to keep your US date.
Is a PCT application covered by The RLG Guarantee?
No. The RLG Guarantee covers patentability searches, provisional patents, design patents and trademarks. The PCT application is a flat fee, quoted before any work begins. Refunds on covered services are subject to the RLG Guarantee Policy in your engagement letter.
Does a PCT application protect my brand name?
No. The PCT is for inventions. Brand names and logos go abroad through the Madrid Protocol, which extends a trademark to the countries you choose.
[13]Learning Center
Go deeper on international patents.
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[14]Client reviews
Inventors who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“Andrew Rapacke and his team are exceptional. They did our provisional and non provisional patents. The entire team is professional and an ease to work with.”
Von DorjevskiFounder, Inguardia Health · Client review “Their writing allowed for protection of my invention's most important aspects, as well as giving me room to modify and adapt my product.”
Andrew WebberProvisional patent · Client review “Completed the patent search and utility patent within weeks.”
Michael F.Utility patent · Google
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
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