What Happened
You've filed a U.S. patent application. Now you're considering foreign protection. You have two main options: file directly in each country within 12 months (Paris Convention), or file a PCT application that delays national filings until 30 months.
Why It Matters
The PCT route buys you time. Instead of deciding at 12 months which countries to file in, you get until 30 months. That's an extra 18 months to evaluate whether the technology is worth the investment, whether markets are developing as expected, and whether you have funding for international filings.
But PCT isn't free. You pay international filing fees, search fees, and attorney fees on top of what you'll eventually pay for national phase entries. For companies that know early which countries they want, direct filings can be cheaper.
The PCT also provides an international search report and written opinion on patentability. That information helps you decide whether to proceed. If the search comes back badly, you can abandon the application and save the cost of national filings.
What You Should Know
If you need time to evaluate, PCT is usually worth it. The extra 18 months can be the difference between informed decisions and guesses.
If you know your key markets early and want faster grants, direct filings make sense. Some countries grant patents much faster than others.
Budget for both approaches. International patenting is expensive—translations alone can cost thousands per language. Plan accordingly.
The right choice depends on your timeline, budget, and certainty about foreign markets.