Patent Cooperation Treaty (PCT): How to File an International Patent from Malaysia (Step-by-Step Guide)
- IP Gennesis
- 10 minutes ago
- 11 min read
Can You File a Patent in Multiple Countries at Once?
Do you know there is a way to file your patent in up to 158 jurisdictions?
Here’s how — through the Patent Cooperation Treaty (PCT).
However, please do not misunderstand.
Filing a PCT application does not mean that your patent will be automatically granted in all 158 jurisdictions. The granting of a patent is a different story.
Patent protection is territorial in nature. Each jurisdiction has its own legal system governing patent rights.
This means you will still need to file your patent in your designated countries individually, go through their respective examination processes, and only then will your patent be protected in those countries.
What Does the PCT Actually Do?
If we still need to go country by country, what exactly does the PCT do?
Quick Answer (For Busy Founders)
In simple terms, the PCT is a procedural system administered by WIPO that helps streamline and coordinate the early stages of international patent filing.
It does not grant patents, but it simplifies the early stage of international patent filing by:
Delay major filing costs
Centralise the initial filing process
Keep your options open across multiple countries
How Does a PCT Application Work?
For example, Malaysia is one of the contracting members under the PCT.
This means you can file a single PCT application, in one language, at one patent office, and obtains a single international filing date which has the effect of a national filing in designated PCT Contracting States, subject to entering the national phase.
Think of It Like This
Instead of immediately committing to filing in the US, Europe, China, Japan, and more all at once, the PCT allows you to “reserve your spot” in those countries first, and decide later where you really want to proceed.
From a patent filing strategy perspective, this is where the real value lies:
You gain time to assess commercial viability
You can evaluate which markets actually matter
You avoid premature and unnecessary filing costs
Still Confused About the PCT?
No worries. Take a few minutes to go through this article.
By the end, you will have a clear and practical understanding of:
How international patent filing works under the PCT
What a PCT application actually does (and does not do)
What steps you should take next
More importantly, it could save you time, money, and costly strategic mistakes down the road.
Introduction to the Patent Cooperation Treaty (PCT) System
In this section, we will cover the following:
What exactly is the Patent Cooperation Treaty (PCT)?
Where can you file a PCT application?
Who can file a PCT application?
What is the Patent Cooperation Treaty (PCT)?
Definition of the Patent Cooperation Treaty (PCT)
The Patent Cooperation Treaty (PCT) is an international treaty, concluded in 1970 and administered by WIPO, that allows applicants to file a single international patent application to seek protection in multiple member countries.
It provides a unified procedure for filing patent applications to protect inventions in its contracting states.
A patent application filed under the PCT is known as an international application or a PCT application.
Example: How the PCT Works in Practice
Imagine you have an invention. After filing the patent application in Malaysia, you believe it has potential markets in Singapore, China, Japan, and the United States.
Without the PCT, you would need to prepare four separate applications, possibly in different languages, with different requirements, and file them all within a short period.
With the PCT, you can start with just one application and decide where to proceed later.
Where Can You File a Patent Cooperation Treaty (PCT) Application?
In most cases, you can file a PCT application:
With your national patent office
For citizens or residents in Malaysia, you can file with the Malaysia Intellectual Property Office (MYIPO)
Directly with WIPO, if permitted under your country’s national security provisions
With a regional office
The office where you submit your application is called the Receiving Office (RO).
Who Can File a Patent Cooperation Treaty (PCT) Application?
You can file a PCT application if you fulfil at least one of the following requirements:
You are a citizen of a PCT Contracting State; or
You are a resident of a PCT Contracting State
If your PCT application involves more than one applicant, only one applicant needs to meet the above requirement.
To date, there are 158 Contracting States under the PCT system, covering most major markets worldwide.
What If Your Target Country Is Not a PCT Member?
The PCT is not the only pathway for international patent filing.
If you are planning to expand your patent overseas after your initial local filing, you generally have two options:
The PCT system
The Paris Convention (direct filing route)
What is the Paris Convention?
Under the Paris Convention, you will file your patent application directly in each jurisdiction you are interested in, including:
Preparing separate application documents for each country
Translating into required languages (e.g. Japanese, Chinese, etc.)
Complying with each country’s formal requirements
Filing everything within strict deadlines
For example, if you want protection in Singapore, China, and Japan, you would need to file three separate applications.
When Should You Consider the Paris Convention Route?
Direct filing may be a better option for you if:
Your target jurisdiction is not part of the PCT system; or
You only need protection in a small number of countries (e.g. 1–3 countries); or
You already have a clear and fixed market strategy
Keep reading. We will explore the differences between the PCT and the Paris Convention in more detail later in this article.
How the Patent Cooperation Treaty (PCT) Works
Before diving into the process, it is important to understand that the PCT system consists of two main phases:
International Phase
National Phase
Phase 1: International Phase (PCT Application)
This phase is where you kickstart your international patent registration journey.
In most cases, before filing a PCT application, you would have already filed your local patent application and secured a filing date.
In Malaysia, according to the Patents Act 1983 (Section 23A), patent applications by residents should be filed in Malaysia first, before filing outside Malaysia.
If you would like to file your patent overseas before filing locally, you must obtain official consent from the Malaysian Patent Office.
Once the above is done, we can move on to Step 1.
Step 1: Filing the International Application
You must file your PCT application within 12 months from your earliest filing date, through a Receiving Office.
Example:
Local filing date: 1 January 2026
Deadline to file PCT: 1 January 2027
If you miss this 12-month deadline, you will lose your priority rights, which can seriously affect your ability to protect your invention internationally. In limited cases, late filing may still be possible subject to strict conditions.
Missing this deadline = losing your priority rights.
Step 2: International Search Report
After filing your PCT application, an International Searching Authority (ISA) will conduct a search, and assess the novelty, inventive steps and industrial applicability of the invention.
About 4 months after filing, you will receive:
An International Search Report (ISR)
A Written Opinion on patentability
This gives you an early indication of the patentability of your patent. It helps you decide:
Whether your patent is worth pursuing further; and
Whether any amendments can be made to improve the chances of success
Step 3: Publication
At around 18 months from your priority date, your international application and the earlier search report will be published on PATENTSCOPE, WIPO’s patent database.
This means that your invention becomes publicly available.
During this period, if you are planning to approach investors, this publication can serve as proof that your innovation is formally documented.
Step 4: International Preliminary Examination (Optional)
This step is optional but can be very useful.
At this stage, an International Preliminary Examining Authority (IPEA) conducts an additional patentability analysis on your application.
During this procedure, you may:
File amendments to your patent application based on the search report and written opinion; and,
Request the IPEA to examine the amended application
This allows you to refine your patent position before committing significant costs in multiple jurisdictions.
Phase 2: National Phase
Step 5: Enter National Phase
Once you have decided the jurisdictions where you want protection, you will need to file your application in each country individually, complying with local requirements and paying the respective fees.
Important Note (Critical Deadline)
You must enter the national phase within the prescribed deadline.
The time limit is usually 30 or 31 months from the priority date, depending on the countries you choose.
If you miss this deadline, your PCT application will lapse and lose its effect in the respective national offices.
At this stage, the national patent office of each country will examine your application based on its own laws to determine whether a patent can be granted.
Advantages of the PCT System for International Patent Filing
1. Centralised Filing
It is more convenient as it simplifies the process and reduces the immediate administrative burden.
Instead of preparing and submitting multiple patent applications across different countries at the start, you can file a single application that designates all PCT Contracting States by default, preserving your right to seek protection in those countries.
2. Extended Decision Timeline
With up to 30 or 31 months from your priority date, you will have more time to decide which countries to file your patent application in.
This extended period also allows you to assess your invention’s commercial potential, test the market, and determine where it is truly worth investing in protection across different jurisdictions.
3. International Search Report
On top of that, you will be provided with expert opinions on the potential patentability of your invention through the International Search Report (ISR) and Written Opinion.
These allow you to evaluate the strength of your invention at an early stage, helping you refine your claims and plan a filing strategy that aligns with your goals.
Limitations of the Patent Cooperation Treaty (PCT) System
1. Not a “Worldwide Patent”
It should not be misunderstood as a shortcut to global patent protection.
The PCT does not grant patents worldwide. Each country will still examine and decide your application independently, according to its own laws.
2. Costs Still Apply Later
With the extended timeline, the PCT only helps to delay costs — it does not eliminate them.
Once you enter the national phase, costs can increase significantly, especially if you proceed in multiple countries, each requiring local agents, official fees, and ongoing prosecution.
3. Translation Requirements
Some jurisdictions, such as China and Japan, require filings in their official languages, which means additional preparation, coordination, and expenses.
Strategic Considerations for Businesses
International Patent Filing Strategy — How to Decide Between PCT and Direct Filing
The PCT would be a better option when you are still unsure where to register your patent.
If you are uncertain which markets will perform best, or if your product is still in the early commercial stages, the PCT gives you time to figure things out.
For example, you may be launching a new tech product and initially think the US is your main market, only to later discover stronger traction in Southeast Asia instead.
The PCT allows you to keep your options open while you conduct market research before committing to multiple jurisdictions.
On the other hand, direct filing under the Paris Convention may be the better route when your direction is already clear.
You know exactly where your key markets are. In such cases, going directly may save time.
Budget Planning
Regardless of whether you file via the PCT system or the Paris Convention, patent protection overseas can be very costly, especially when multiple countries are involved.
This is why proper budget planning is critical.
You should anticipate and allocate these costs early, for example by aligning them with your revenue targets or funding rounds.
Planning ahead on how to secure the necessary funding can help you avoid cash flow pressure at the later stages.
Market Validation Period
When you target everything, you target nothing.
Filing everywhere “just in case” is often not a good strategy. From a PCT perspective, it can quickly become very expensive.
Instead, treat the 30/31-month window as a market validation period, and use it wisely to conduct a thorough assessment of your invention’s commercial potential.
Take this time to:
Test the market
Identify where your invention creates real value
Understand where actual demand exists
A more targeted approach will be far more cost-effective and strategic.
Investor Signalling Impact
A PCT application can show that you are thinking beyond your home market.
It demonstrates that you have scalability in mind and are serious about protecting your innovation on a global level.
For investors, this often signals long-term vision and builds confidence that your invention not only has real commercial potential, but is also being positioned for broader market opportunities.
Common Mistakes in International Patent Filing
Here are some common and costly mistakes:
1. Missing the 12-month priority deadline
This could be the point of no return.
If you miss the 12-month priority deadline to file a PCT application, you may also lose your patent rights in foreign countries.
2. Misunderstanding the 30/31-month national phase deadline
The 30/31-month deadline may feel far off, and it is easy for applicants to overlook it.
Many assume that once the PCT application is filed, they are “safe” and forget to track the 30/31-month window to enter the national phase.
Missing this deadline can result in losing patent rights in key markets, no matter how strong or valuable your invention is.
3. Assuming the PCT gives automatic global protection
Many assume that once the PCT application is filed, the whole world is covered.
It doesn’t.
The PCT is a procedural tool, not a global patent.
4. Filing without a clear commercial strategy
If you do not know which markets to target, you may end up spending heavily in countries where your invention has little demand, wasting both time and resources.
5. Underestimating costs at the national phase
Many are unprepared for the larger expenses, especially during the national phase.
Without proper budget planning, you may find yourself approaching key deadlines with insufficient funds, eventually forcing you to abandon an invention that has significant commercial potential.
Patent Cooperation Treaty vs International Patent Filing — What’s the Difference?
Many business owners use the term “international patent” loosely.
In reality:
There is no single international patent
The Patent Cooperation Treaty (PCT) is a system that facilitates international patent filing
Actual patent rights are still granted country by country
When You MAY NOT NEED to Use the PCT
The PCT is a powerful tool, but it is not always the right strategy.
In certain situations, using the PCT may actually slow you down or increase your overall costs.
You should reconsider using the PCT if:
1. You already know your key markets
If your business is clearly focused on specific countries (e.g. only US and China), going directly via the Paris Convention may be more efficient.
You save the time go through the international phase and avoid PCT-related costs.
2. You need faster patent grant
The PCT process adds an additional layer before national examination begins.
If speed is critical (e.g. for enforcement, licensing, or investor requirements), direct national filing may be more suitable.
3. You are working with limited budget
While the PCT helps delay costs, it does not always reduce them.
In fact, in some cases, it may increase total costs due to:
International phase fees
Additional professional work
Duplication of effort
If you already know where to file, it may be more cost-efficient to go direct.
Frequently Asked Questions on PCT and International Patent Filing
1. Does a PCT application give me worldwide patent protection?
No. It only streamlines the filing process. Each country decides independently.
2. How long do I have before entering the national phase?
Typically 30 or 31 months from your priority date, depending on the country.
3. How much does a PCT filing cost?
It varies depending on the countries involved and the complexity of your invention.
4. Can Malaysian applicants file a PCT application?
Yes. Malaysia is a PCT Contracting State, and applications can be filed via MYIPO or WIPO.
Final Thoughts on the Patent Cooperation Treaty and International Patent Filing
Patent protection is territorial in nature, there is no such thing as a “global patent”.
The PCT is not a shortcut, but a strategic filing mechanism that allows you to manage risk, buy time, and make informed decisions before committing to multiple countries.
Proper planning — from budgeting to market validation — is essential to maximise the benefits of international patent protection and avoid costly mistakes.
The PCT process and international filings can be complex and time-consuming. Working with a competent IP attorney helps ensure that your strategy aligns with your business goals, and that deadlines, costs, and requirements are properly managed.
If you are planning to expand your patent internationally, it is always better to structure your strategy early rather than fix mistakes later.
If you would like guidance on protecting your invention internationally, feel free to contact us for professional assistance.
Written by,
IP Consultant
Registered Trademark Agent
Disclaimer:
This article is provided for general informational purposes only and does not constitute legal advice.
For advice tailored to your specific situation, please contact us separately, or consult a qualified patent agent, patent attorney, or legal professional.
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