Filing a PCT (Patent Cooperation Treaty) application is a strategic move for inventors and companies aiming to protect their innovation internationally. However, the PCT process—administered by WIPO—is complex, and even small missteps can lead to costly delays, rejections, or loss of rights in certain countries.
Read More: PCT Application in India | Patent Cooperation Treaty (PCT)
5 Common Mistakes to Avoid When Submitting a PCT Application
In this post, we’ll walk you through the 5 most common errors to avoid when submitting a PCT application, and offer practical tips to help you file with confidence and clarity.
1. Incomplete or Incorrect Application Forms
The PCT process is document-heavy. Any errors in the forms—especially in the Request (Form PCT/RO/101)—can delay the filing or affect the legal strength of your application.
❌ Common mistakes:
- Misspelled applicant/inventor names
- Incorrect priority claim information
- Omitting required contact or residency details
- Failing to indicate the receiving office correctly
✅ How to avoid it:
- Double-check all information before submission
- Use ePCT, WIPO’s secure online platform, which flags missing or incorrect fields
- Work with a qualified patent agent or attorney to review before filing
2. Failing to Claim Priority Properly
The PCT system allows you to claim priority from an earlier national or international application under the 12-month rule. But many applicants forget to include the correct priority data or miss the deadline entirely.
❌ Common mistakes:
- Forgetting to claim priority from a previous filing
- Missing the 12-month window from the priority date
- Providing incorrect filing numbers or dates
✅ How to avoid it:
- Maintain a clear patent filing timeline
- Use a checklist when submitting your PCT application
- File within the 12-month period or consider a restoration of priority request (if available)
3. Poorly Drafted International Application
A PCT application must include a clear, detailed, and complete description, claims, abstract, and drawings. Many rejections or objections stem from weak drafting that fails to meet WIPO’s standards or the requirements of national phase offices.
❌ Common mistakes:
- Overly broad or vague claims
- Missing essential technical features
- Lack of enabling disclosure (how the invention works)
- Inconsistent terminology between the claims and the description
✅ How to avoid it:
- Ensure the invention is fully disclosed in a way a skilled person can replicate
- Draft claims that are specific, balanced, and supportable
- Use clear language and consistent terminology throughout
- Consult a patent drafter experienced in PCT-standard formats
4. Ignoring Language and Translation Requirements
The PCT application must be filed in a language accepted by the Receiving Office, and translations may be needed for the international publication or national phases.
❌ Common mistakes:
- Filing in a language not accepted by WIPO or the chosen Receiving Office
- Delaying translations, which can lead to national phase rejection
- Errors in translation that distort technical meaning
✅ How to avoid it:
- Confirm the accepted languages of your Receiving Office
- If filing in a non-English language, prepare for translations early
- Use professional translators familiar with patent and technical terminology
- Consider English for wider acceptance across jurisdictions
5. Missing Critical Deadlines
The PCT system involves several important deadlines—including those for entering the national phase, requesting international preliminary examination (Chapter II), and submitting response to search reports.
❌ Common mistakes:
- Failing to enter national phase within 30 (or 31) months
- Missing the deadline for Chapter II requests (22 months)
- Ignoring time limits for responding to written opinions
✅ How to avoid it:
- Keep a deadline tracker or use docketing software
- Note that some countries follow a 30-month deadline, others 31 months (e.g., EPO)
- Work with an IP firm that monitors PCT deadlines automatically
Missing a PCT deadline may mean losing patent rights in entire regions.
✅ Bonus Tip: Not Using ePCT Effectively
WIPO’s ePCT portal offers tools for secure filing, tracking, alerts, and document sharing. Failing to use it effectively means you might miss important updates or submission options.
Use it to:
- File securely with built-in error checking
- Track application status in real-time
- Receive official notices and reminders
- Share access with your IP legal team
🧠 Conclusion: Get Your PCT Filing Right
The PCT application process is your gateway to global patent protection—but only if it’s done right. Avoid these common PCT filing mistakes and give your invention the international exposure it deserves.
✅ Quick Checklist: What to Do Right
| ✔ Action | 🔍 Why It Matters |
|---|---|
| Check forms for accuracy | Errors can delay or weaken your patent |
| File within 12 months of priority | Protects your priority date |
| Draft clear claims & description | Increases chances of approval |
| Prepare proper translations | Avoids national phase rejection |
| Track all key deadlines | Missing one can kill your rights |
📥 Ready to File Your PCT Application?
Need help preparing or reviewing your PCT submission? Contact our experienced patent attorneys for a smooth and error-free international filing.
Protect your innovation globally—start with a flawless PCT strategy.