Is a PCT worth anything?

Hi all,

Just joined the group to start engaging in conversations regrading this whole PCT business.

I am from Sydney, Australia.
I am in transition to taking out a PCT patent claim on my product. I have an Australian Patent already.

It's a product that's mainly used in Asian countries for cooking. As Asians are numerous all over the world, I thought to best secure my products viability via this PCT before somebody decides to make a cheaper version of my product and begins to sell it in say INDIA, CHINA, SOUTH AFRICA, UAE-GULF, USA and UK.

As I am manufacturing in a high cost environment here in Sydney, I was hoping the PCT would stop others from making this in say CHINA or INDIA and then flooding the market cheaper than I can afford here in Sydney?

Some questions:

- Is it worth taking out a PCT patent. Period!
- If it's going to cost me $3500/-, should I just avoid the PCT and go for national phase patents in the 4 to 5 countries that I might have to do in any case once the PCT is about to expire etc..
- Are PCT's actually respected?
- Are there any direct benefits fro the same?
- Do PCT stop people from manufacturing and distributing within the countries, which are part of the PCT alliance and treaty?
- and can a PCT be applied for without wanting the search fees $1900/- here. Or is that a complusion?

Thanking everybody in advance for the help.
Awaiting replies.


Regards,
KAyo

The answer is maybe. It is ultimately a business decision. The PCT application starts the process for obtaining foreign patent protection. A PCT patent application will not necessarily stop others from copying your invention, because you cannot sue a foreign person or entity in their country until you have an issued patent from that country. A PCT application is not an issued patent. However, going the PCT route is usually a smart way to start the process of obtaining patent protection in foreign countries. You need to talk to a patent attorney!

KAyo wrote:Hi all,

Just joined the group to start engaging in conversations regrading this whole PCT business.

I am from Sydney, Australia.
I am in transition to taking out a PCT patent claim on my product. I have an Australian Patent already.

It's a product that's mainly used in Asian countries for cooking. As Asians are numerous all over the world, I thought to best secure my products viability via this PCT before somebody decides to make a cheaper version of my product and begins to sell it in say INDIA, CHINA, SOUTH AFRICA, UAE-GULF, USA and UK.

As I am manufacturing in a high cost environment here in Sydney, I was hoping the PCT would stop others from making this in say CHINA or INDIA and then flooding the market cheaper than I can afford here in Sydney?

Some questions:

- Is it worth taking out a PCT patent. Period!
- If it's going to cost me $3500/-, should I just avoid the PCT and go for national phase patents in the 4 to 5 countries that I might have to do in any case once the PCT is about to expire etc..
- Are PCT's actually respected?
- Are there any direct benefits fro the same?
- Do PCT stop people from manufacturing and distributing within the countries, which are part of the PCT alliance and treaty?
- and can a PCT be applied for without wanting the search fees $1900/- here. Or is that a complusion?

Thanking everybody in advance for the help.
Awaiting replies.


Regards,
KAyo