The Evolution of the Patent Cooperation Treaty (PCT) System: Foundations Revisited and Current Developments

Abstract For almost half a century, the Patent Cooperation Treaty (PCT) has been a successful building block of the international patent system. However, in remarkable contrast to its practical importance, legal analysis has remained rather scarce. The present article strives to contribute to a more comprehensive appraisal of the PCT system. Led by the perspective of analysing its ‘evolution’, the article combines more fundamental reflections about the foundations of the system with an overview on current developments, including an assessment of potential implications of the new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. The article finds that the PCT system is well-established and currently working effectively, which allows discussions in its decision-making bodies to be focused more on details than on fundamental revisions. Nevertheless, there are also a number of challenges that will require on-going consideration in these bodies in the years to come.