PCT Patent Application
PCT international patent applications
China has acceded to the Patent Cooperation Treaty (PCT)
My applicants from January 1, 1994 onwards can use the PCT means foreign patent applications.Hope for foreign patent protection of Chinese individuals and units, this is a piece of good news.
Under what circumstances the appropriateness of the international application
In accordance with the provisions of the PCT application form known as international applications.Generally speaking, international PCT application is a party to the residents or nationals of several parties to the protection of patent applications
Before China's accession to the PCT, an applicant only by the principle of the Paris Convention to foreign patent applications; after China's accession to the PCT, applicants can also use the PCT international application channels. When they want to create an invention from a number of countries (usually in the five countries over) protection, the use of the PCT through appropriate. Because of the PCT through the channels only to the Chinese Patent Office to submit an international application remove to each of the respective countries a national application of trouble.
It is noteworthy that after China's accession to the PCT. Chinese individuals and units can still be in accordance with the principles of the Paris Convention to apply for a foreign country. In particular, the applicant need only to one country or a few countries in patent applications, the use of the Paris Convention is the appropriate channels.
How to make international patent applications
1. China first proposed patent applications
Under normal circumstances, individuals or units invention will be bought after the Chinese Patent Office for national application. Then, in the 12 months period priority within the international application and requested priority.Thus, the applicant has 12 months to consider whether it is necessary to foreign patent applications, the method of application, and to apply for the necessary preparations.
According to relevant regulations, Chinese individuals or units after the invention can also direct international applications, but the application must be in designated foreign also designated China.
2. Commissioned patent agency
Applicants must apply for international patents commissioned by the agency. The patent agency will help applicants fill out various forms and revising the application documents, was it to the Chinese Patent Office to submit their applications stalls, and the payment of a fee for various procedures.
International applications to choose the type of protection
Currently PCT member countries has reached 114. Including the United States, Japan, Canada, Russia and the European Patent Convention, all other parties industrialized countries, also include South Korea, Brazil and other developing countries, covering nearly all of the world's implementation of the patent system in important countries.China applicant to file PCT international applications will be able to choose one, several or even all member states, as the designated country, ask them to a franchise.
Members of the PCT to apply for a grant in addition to the invention patents covering other forms of protection. also given the international application of these other forms of protection, such as certain state utility model, the small Australian patents, the United States continued or parts of applications. Therefore, the international application of the applicant under the specified needs of different countries choose different forms of protection.
The international application approval process
The international application approval process including the international stage and the national phase two stages.
The international stage
International is the international stage in the approval process for the first phase.It includes the admissibility of the international application form review international search and international circles to go through procedures, as well as the option of international preliminary examination procedures
Chinese individuals or units to the Chinese Patent Office, the international application in addition to the international stage international published by the World Council for the unity of the international, other programs in the Chinese Patent Office for Lane
International search is the Chinese Patent Office by the provisions of the Treaty on the international theme for retrieval, identify with the relevant literature and indicate their relevance.Usually the Chinese Patent Office from the date of the application within four months of an international search report.
The international preliminary examination is the Chinese Patent Office to the applicant's request for review of the international application, also requested protection of view of whether the invention is novel, creative, and industrial usefulness preliminary, a non-binding opinion.Usually the Chinese Patent Office received in the international preliminary examination date of the request for nine months for international preliminary examination report.
National stage
Countries of the international stage in the approval process for the second stage. The national phase of the applicant wishes to take the franchise Patent Office (known as the designated bureau or selected) as well.It includes for entry into the national phase of the procedures and the designated bureau or the Bureau selected for the approval process.
In the international stage were not in priority since the day 19 months called on the international preliminary examination of international applications, its entry into the national phase (designated) for a period of from the priority date of 20 months; since the priority date of 10 within nine months of the international preliminary examination requirements of the international application its entry into the national phase (selected) is the period from the date of priority 30 months.
International applications to enter the national phase of the process is based on countries to submit their application to stall the translation and payment of the state fee used.
International applications to enter the national phase, according States Patent Office patent regulations for review, and decide whether or not to grant the franchise.
Applicants from China PCT procedures which can benefit
1. Applicants can apply for the use of Chinese;
2. Applicants can apply for the Chinese Patent Office, the request for foreign patent protection;
3. Only applicants with the Chinese (or English) to the Chinese Patent Office to submit a paper application can be determined by the application of the application that was the same day that the designated country in the application;
4. Entering their national stage, the applicant has been an international search report and the international preliminary examination report, through this two reports, the applicant can apply for the initial judgment in the national office was awarded the franchise prospects, in order to decide whether it is necessary to continue the national phase;
5. The delayed entry into the national phase of the time, applicants can be based on market prospects and technological progress to decide whether it is necessary to enter the preset the designated countries. Delayed access to the national stage and will not affect the general franchise time.