PCT Newsletter

June 2026 | No. 06/2026

SME Support Series

PCT SME Support Series (No. 3): How to use the PCT timeline strategically

Q: I run a small business and would like to seek patent protection for an important invention without delay. At the same time, we are still testing the product, speaking with investors and potential partners, and deciding where we may launch, manufacture or license the invention. I understand that the PCT gives us more time to decide where to seek patent protection. How should we use that time?

The PCT legal framework sets out a timeline of procedural steps that underpin the PCT System. To use the PCT successfully, you need to follow those procedures; thus, adhering to the timeline and meeting time limits for actions is a matter of legal compliance. But it also makes sense to treat the timeline as a practical business planning tool. Properly understood, it can help you structure and schedule some critical strategic decisions. To realize the full potential of the PCT, you need to know where the PCT System provides flexibility as well as risk and cost management opportunities.

The PCT is a patent filing system rather than a patent granting system. An international application does not result in the grant of an “international patent”. Whether or not protection is granted for your invention will be decided by each national or regional Office in the territories where you have chosen to seek protection. But once an international filing date has been accorded, your PCT application has the legal effect of a regular national application in each designated (i.e., chosen) State.

When you file a PCT application, generally all PCT Contracting States are designated automatically. You can wait until a later stage in the process – known as the national phase – to specify the States in which you wish to further seek protection. This means that you defer most processing, examination, translation and legal advisors’ costs to a later time.

Your PCT application gives you a clear schedule for choosing the territories in which you wish to seek protection. National phase entry can involve significant costs, so in deciding where to seek protection, you need to weigh those costs against the potential commercial benefits of protection in each market. Understanding the PCT timeline should help you focus on the relevant decisions at each stage of the process.

Figure 1 shows a typical PCT timeline for SMEs. It may look complicated, but do not worry. Your legal advisor can guide you through the necessary formalities, and in using the PCT you or your legal advisor will also receive a series of notifications and PCT forms from the International Bureau and other Offices alerting you to necessary actions (for more information on this, see the Practical Advice). Alongside the main legal and administrative steps involved in filing through the PCT, Figure 1 also highlights some key practical planning questions for SMEs. These are explained in more detail in Table 1 below. You need to understand a few key points about the filing process:

Months in the timeline are counted from the priority date. Most users begin by filing one or several national or regional patent application(s), then file a PCT application within 12 months, claiming priority from the earlier application(s). The priority date will be the filing date of the earliest application whose priority is claimed, or the international filing date if no earlier priority is claimed.
In a typical case where a PCT application is filed at the end of the priority year, the international search report (ISR) and the written opinion of the International Searching Authority will generally become available around 16 months from the priority date. These two documents can help inform your decisions. The ISR identifies relevant prior art, while the written opinion provides a preliminary, non-binding view on whether the invention appears to meet certain patentability criteria including novelty, inventive step and industrial applicability.
WIPO will normally publish your international application shortly after the expiration of 18 months from the priority date, unless you have withdrawn it beforehand.
In the vast majority of Offices, national or regional phase entry is usually due within 30 or 31 months from the priority date. However, you should always check the applicable time limit and requirements for each Office. You should also know that you can enter the national phase early and separately for each country and region.
Figure 1 also shows optional international phase procedures. For example, amendments to the claims under PCT Article 19, supplementary international search and a demand for international preliminary examination under Chapter II of the PCT may be relevant in some cases. A Chapter II demand is generally due within three months from transmittal of the ISR and written opinion or 22 months from the priority date, whichever date is later, while the corresponding international preliminary report will generally be established later in the international phase – shown around 28 months in the timeline.

From a business perspective, you need to consider a second, more fundamental set of issues alongside the legal and formal requirements that patenting entails. Table 1 identifies key business issues at different stages of the timeline.

Table 1: Key business issues at different stages of the PCT timeline

Timing	PCT/legal layer	SME/business layer
Before disclosure	No PCT step yet. Prepare first filing if patent protection is intended.	Keep technical information confidential (need to know); check and use non-disclosure agreements (NDAs); confirm ownership by founders, employees, consultants, contractors, research partners or possible co-applicants; consider what should be filed and what may remain know-how or trade secret.
First filing and priority year	File a first national or regional application. File a PCT application within 12 months from the priority date, if priority is to be claimed.	Use months 0–12 to review the business case, likely markets, competitors, materials for investors and partners, and budget. Patent information searches by Offices or from your side may be relevant before the first filing or early in the process; a separate freedom-to-operate review may be needed before selling in a particular market.
After PCT filing and international search	In a typical case where the PCT application is filed at the end of the priority year, the international search report (ISR) and written opinion may become available around 16 months from the priority date. Optional procedures may also be considered, including Article 19 amendments to the claims, supplementary international search and a demand for international preliminary examination under PCT Chapter II.	Read the search results (ISR and written opinion) as decision input: refine patent claims, reassess risks, update materials for investors or partners, and decide whether the strategy should be broader, narrower or faster. Prepare for public disclosure or – in rare cases – keeping the invention further secret, working the invention further, by withdrawing all applications related to the invention. You could always apply again with a refined invention as long as it stays entirely unpublished.
International publication and optional Chapter II	If not withdrawn, the application is normally published shortly after 18 months from the priority date and becomes accessible through the open-access PATENTSCOPE database. A demand for international preliminary examination under PCT Chapter II is generally due by whichever date is later: three months from transmittal of the ISR and written opinion or 22 months from the priority date. The Chapter II report is shown at around 28 months in the timeline.	If you are considering filing a demand under Chapter II, decide whether international preliminary examination may help before national or regional phase entry. For business purposes, you may want to prioritize early examination with a view to accelerating processing in other jurisdictions based on examination progress. This will provide you with clarity while retaining flexibility on geographical protection and deferring significant national and regional costs.
Before national/regional phase	For many Offices, national or regional phase entry is usually due within 30 months from the priority date, but deadlines and requirements vary by Office. If you do not enter national phase within the time limit, the PCT will cease to have effect.	Because all PCT Contracting States are automatically designated upon filing, the decision on where to enter the national or regional phase can generally be deferred until closer to the applicable deadline. Select countries by business case, considering customers, competitors, manufacturing, partners, licensing, enforcement, translation and local agent costs, regulatory timing and funding runway. You may want to accelerate examinations in certain countries based on PCT Patent Prosecution Highway (PCT-PPH) Agreements.
After national/regional phase entry	Each national or regional Office examines the application under its own law and decides whether to grant protection.	Periodically review your portfolio of applications in process and granted patents: decide whether maintenance fees remain justified; consider licensing or assignment opportunities; and verify official communications or payment requests.

Selected WIPO resources

A range of free-to-use WIPO resources are available to help you. Consult the PCT FAQs and PCT Applicant’s Guide for core PCT steps and Office-specific requirements; PATENTSCOPE for published PCT applications; ePCT and DAS for digital filing and priority-document administration; the WIPO IP Diagnostics tool or the publication Enterprising Ideas: A Guide to Intellectual Property for Startups for more information about broader IP management issues such as ownership, confidentiality and portfolio planning; and WIPO’s PCT-PPH webpage to see whether faster examination in a particular Office may be relevant.

Key takeaway

For SMEs, the PCT timeline is not just a list of legal deadlines. It can also serve as a practical planning and risk management tool. Use it to keep options open before publication, test markets, review search results, select countries more carefully and avoid unnecessary costs before national or regional phase entry.

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