Ophir,

Thank you for your questions. I can add a few more advantages to the “PCT First” strategy you ask about, including:

The deferral of expenses and decisions - An applicant can defer for many months after filing the payment of national filing fees and having to make a decision on the countries where patent protection will be pursued.

The opportunity to modify claims in view of written opinions and search results - An applicant has several opportunities to modify the claims in the PCT patent application, so that when the application enters a National Phase, the claims may be closer to being in allowable form.

Time savings – If an applicant decides to seek foreign patent protection near the end of any priority period, there may not be sufficient time to prepare and file separate patent applications in foreign countries. A PCT permits an Applicant to file a single application in one language.

Some additional disadvantages of the “PCT First” strategy include:

A longer period before any patent issues

Higher overall costs if only a few countries are selected for National Phase entry

On the subject of amending a PCT application, there are a few opportunities in the process.

During the international phase, only claims may be amended (via Article 19), except where an applicant seeks to correct obvious errors. During the national phase, any part of the application may be amended (via Article 34). I don’t believe that the ability to amend is affected by whether the PCT was filed first.

I hope that this helps. Perhaps other visitors to this forum can add to the list.

Mike Kondoudis
The Law Office of Michael E. Kondoudis, PC
A Washington DC Patent Firm