International PCT Patents

China joined PCT in January 1, 1994 and became a full member of PCT.

At the same time, the Patent Office of China has also become the PCT international acceptance Bureau, the international procuratorial Bureau and the international preliminary examination board.

1. international stage: (1) accepting patent applications and examining the form of patents;

(2) International Search;

(3) international preliminary review.

The treaty stipulates that nationals or residents of the States parties to the treaty have the right to apply for international applications. Therefore, Chinese nationals (including units and individuals, regardless of their place of residence or place of business in the territory of China) and residents (whether or not their nationalities belong to China) have the right to apply for international applications.

1. A unique and flexible procedure.

1. an application is submitted to an admissibility Bureau (Chinese Patent Office) in one language (Chinese), which can replace many foreign applications before entering the national stage.

2. the decision to apply for a foreign country at a minimum cost can be postponed to 30 months from the date of priority.

3. before entering the national stage, it is possible to estimate the economic value of invention and the possibility of obtaining patents; more time to prepare high-quality plations for national stage use, and better planning of national stage costs.

Two, greater flexibility

1., if we want to avoid more expenses, we simply can no longer apply for the program or do not enter the national stage.

2. amendments made at the international stage are effective for all designated / selected countries.

3. more directly and quicker access to the patent rights of designated / selected countries.

Acceptance of patent applications and patent examination of patents.

At the same time, the applicant of the PCT patent shall specify which member country the application will be effective, and these designated countries are called "designated countries".

As the PCT acceptance Bureau, the China patent office considers that the patent application documents and patent application procedures are complete, that is, the international application date.

The international application day indicates that the PCT international application is equivalent to the normal domestic application in each designated country since the date of application. The application date has also become the actual application date in the designated country.

The PCT acceptance Bureau will conduct a formal examination of the documents of the international PCT application. After the examination is qualified, the international PCT application documents will be sent to the World Intellectual Property Organization International Bureau and the international search unit respectively.

After the PCT patent application is submitted, the Chinese patent office, as an international search unit, will search the PCT patent application and make an international search report within the prescribed time.

The search report will be sent to the PCT patent applicant and the World Intellectual Property Organization International Bureau as soon as possible.

18 months after the international application day (or priority date), the International Bureau will publish the search report of the PCT international patent application and the international search unit, and submit the application together with the search report to the Patent Office of the designated country of the PCT patent application.

The Patent Cooperation Treaty stipulates that the international preliminary review procedure is not mandatory.

If a country participating in a treaty is bound by the second chapter of the PCT, its applicant may request the international preliminary review unit to conduct an international preliminary examination of its application.

The purpose of the preliminary international review is to provide preliminary comments on whether the invention is novel, creative and practical.

The examination opinion has no binding force on the designated countries.

However, the standard set by PCT is the current international standard, and the examination opinion is based on the international search of the few initial international review units, so the report should be reliable and reliable.

When participating in the Patent Cooperation Treaty, some countries are not bound by the second chapter of PCT.

When an applicant asks for an initial international review, he can only select some countries that have used the preliminary international examination results from the designated countries subject to the second chapter of the PCT. These countries are called "selected countries".

After examining the international application as an international preliminary examination unit, the China Patent Office will submit an international preliminary examination report to the World Intellectual Property Organization International Bureau and pfer it to the applicant by the International Bureau. At the same time, the International Bureau will also send the preliminary international examination report to the "selected country" of the application.

Whether the PCT patent application can get the patent of the designated country or the selected country will be decided by the designated country or the selected country.

International stage of PCT application

Materials to be provided:

1, provide information (instruction letter) content: the name of the invention, the name and address of the inventor (Chinese and English), the applicant's name and address (Chinese and English), the nationality of the applicant, telephone, etc.

2, specify the state that requires entry, and specify the type of patent application (invention, utility model).

The designated country shall not increase after the application is submitted; the designated fee will not increase any more than 6 designated countries.

3. Power of attorney: an application for submission of a power of attorney.

The power of attorney must be the original signed by the applicant.

If the application has not submitted the power of attorney, the applicant may make it up.

4, if a Chinese patent has been applied, an application document for application for Chinese patent will be provided, including instructions, claims, summaries and drawings.

The original application document can be amended when submitting PCT application.

5, if you have not applied for a Chinese patent, you need to submit the technical disclosure statement.

The technical disclosure book includes the invention name, the technical field of the invention, the existing technical situation in the technical field, the purpose of the invention, the technical proposal for realizing the invention, and the implementation effect of the technology. If necessary, a picture can be provided to explain the invention.

Applicants can also use oral methods to provide the above information.

6. Sign the agency agreement.

7. Signing the claim of application.

The national stage of PCT application

The applicant enters the designated / designated country within the specified time.

At this point, the application documents need to be plated into the official language of the country to handle the entry procedures of the corresponding countries.