PCT: smart procrastination that protects your innovation globally

What do Argentina, Ethiopia, Pakistan, and Suriname have in common? And why should you, as an entrepreneur, need to know this?

Quite simply, they are not members of the Patent Cooperation Treaty (PCT). And that is precisely why it is useful to consider this if you want to protect an innovation.

A PCT application is a smart way to secure a patent option worldwide. Instead of choosing immediately in which countries you want protection, you buy time: at least 30 months extra time to think from the date of your first filing.

Marco Coolen, photo © Bart van Overbeeke

You pay a fraction of the costs you would incur for separate applications in dozens of countries. This allows you to claim the world but postpone the real choices for a while. It is ideal if your startup still needs to discover where its fans, customers, or copycats are.

Important: a PCT application is not a patent. The World Intellectual Property Organization (WIPO) manages the PCT process and does not grant patents. What you buy is an option: the right to file national or regional applications later, based on your original PCT application.

Why do you need to know who is and who is not participating?

A PCT application opens 152 doors. However, countries such as Argentina, Ethiopia, Pakistan, and Suriname are not participating. Do you want protection in these countries too? Then you must take action via the direct route within 12 months of your initial application.

If you don't, that door will remain closed.

In short: if you expect a particular market to become important (e.g., through partners, customers, or competitors), check whether that country is a member of the PCT. If not, you know you need to act quickly.

Why is a PCT application worth its weight in gold?

Suppose you launch a new product. Initially, you focus only on Europe and the US. That's fine. But suppose your product becomes an unexpected hit in Brazil or South Africa. If you have filed a PCT application, you can still decide to file national applications there within the reflection period.

Thanks to the PCT application, you have:

✔️ More time to determine your market strategy.

✔️ Flexibility to respond to new opportunities.

✔️ The possibility to claim worldwide protection, if it proves necessary.

Innovative forward-thinking without huge costs

Of course, you can't predict everything. Perhaps your entire strategy is focused on the Netherlands, Germany, and the US. But what if a foreign partner comes knocking tomorrow? Or a competitor tries to copy your idea internationally?

With a PCT application, you put yourself in a strong position immediately without incurring sky-high costs. You keep your options open, and in a dynamic market, that's often worth its weight in gold.

A PCT application is the ultimate form of smart procrastination: you postpone choices but retain maximum flexibility. Do you really want to grow your innovation internationally? Then, a PCT application is a smart step to take today. Because ending up empty-handed is not an option.