Basics of Patent- Learning series

WHERE TO FILE A PATENT
A patent is granted by national patent office or by a regional office (EPC)
Under such regional system, an applicant requests protection in one or more countries and each country decides as to whether to offer patent protection within its borders.
PCT provides for the filing of a single International patent application which has the same effect as national application filed in the designated countries. PCT just act as an intermediate between applicant and number of patent offices. PCT just examine patent application and provides search report on patentability and will not grant patent. Applicant has to file in interested country’s patent office to get granted patent in respective countries.

PATENT TERM
Patent right is limited to time period and according to different country patent law, the patent term will be different from country to country but now major countries has harmonized the patent term to 20 years from filing date
INDIA:
20 years from date of filing for the patents in force as on date 20th May 2003 before that 7 years from filing or 5 years from grant whichever is earlier.
USA:
Application filed on or before 8th June 1995, patent term is 20 years from filing date or 17 years from date of grant whichever is longer.
For application filed after 8th June 1995, the term is 20 years from date of filing.
EUROPE:
20 years from date of filing date.
CANADA:
Earlier it was 17 years from date of grant but now patents filed after 1st October 1989 the term is 20years from date of filing.