Structuring Present Assignment Clauses and Power of Attorney in Hardware PIIA Agreements
Present assignment clauses and irrevocable powers of attorney in hardware PIIAs secure immediate IP ownership and enable unilateral patent filings.
PCT Filings
Meaning
International applications submitted under the Patent Cooperation Treaty to simplify the process of seeking protection in multiple countries. Utilizing pct filings allows an inventor to file a single document that is recognized by over 150 member nations. This approach grants the applicant an additional eighteen months to decide which specific countries require a national patent.
It is the standard pathway for startups with global ambitions.
Uniform Filing
The initial phase of pct filings involves a standardized application format that is accepted by all participating patent offices. This eliminates the need to prepare different versions of the technical description for each jurisdiction at the start of the process. The application is reviewed by an international searching authority to identify any prior art.
This search provides a valuable early assessment of the invention’s chances of success.
Search Report
Every applicant who completes pct filings receives an international search report and a written opinion on the patentability of their invention. These documents help the company evaluate the strength of its claims before spending more money on national filings. If the report is negative, the applicant can choose to amend the claims or abandon the application.
This feedback loop reduces the risk of pursuing unpatentable technology.
Timeline Extension
One of the primary benefits of pct filings is the extension of the deadline for entering the national phase. Most countries allow thirty months from the original priority date for this transition to occur. This extra time is used to secure funding, find manufacturing partners, or conduct market research.
Strategic use of this timeline allows companies to manage their cash flow more effectively.