How To Apply For International Patents?

China has joined the Patent Cooperation Treaty. PCT Our applicant has been able to use the PCT approach since January 1, 1994. Application for foreign patents 。 It is no doubt a good news for Chinese individuals and units who want to protect foreign patents.

(1) under what circumstances, it is appropriate to submit an international application.

The application submitted in accordance with the provisions of PCT is called an international application. Generally speaking, an international application is a resident of a PCT contracting state or a patent application filed by a nationals for the protection of several States parties (usually designated in more than 5 countries).

In addition to applying for PCT, Chinese individuals and units can still apply to foreign countries in accordance with the principles of the Paris convention. Especially when the applicant only needs to apply for a patent to a country or a few countries, it is appropriate to make use of the Paris convention.

(two) how to make an international application

1. first, China's patent application is proposed.

According to the relevant regulations, after making inventions, individuals or units in China can apply first in China, apply for foreign patents within 12 months, and also directly apply for international applications.

　　 2. preparing application fees

At present, the average patent application for every country is about 4000~5000 dollars, except for 5 countries. About 20 thousand to 25 thousand dollars should be prepared for the 5 countries, and the cost of the PCT international phase. The cost includes the transmission fee, retrieval fee and international initial examination fee of the Chinese patent office, which is about 2100 yuan (RMB) and the basic fee, designated fee and processing fee of the international bureau about 1150 yuan (US dollars). If it is an international application filed by individuals in China, the fees charged by the International Bureau can be reduced by 75%. {page_break}

　 (three) international application procedures for examination and approval of projects

The examination and approval procedures for international applications include two stages: international stage and national stage.

　 1. international stage

The international stage is the first phase of the international application approval process. It includes procedures for accepting international applications, formal examination, international search and international announcements, as well as alternative international preliminary examination procedures. Usually, the Chinese patent office makes an international preliminary examination within 9 months from the date of receiving the preliminary international examination request.

　 2. national stage

The national stage is the second phase of the international application approval process. The national stage is carried out in the Patent Office of the country where the applicant wishes to obtain a patent. It includes procedures for entry into the national stage and approval procedures in designated bureaus or designated bureaus. After the entry of the international application into the national stage, the Patent Office of each country shall examine it according to its patent regulations, and decide whether to grant the patent right.

　 (four) what benefits can Chinese applicants get from the PCT program?

1. applicants may apply in Chinese.

2. the applicant may apply to the Chinese Patent Office for foreign patent protection.

3. applicants only need to submit a set of application documents to the Chinese patent office in Chinese (or English) to determine the application date of the application and is considered to be an application made in the designated countries on the same day.

4. before entering the national stage of any country, the applicant has already obtained the international search report and the international preliminary examination report. Through these two reports, the applicant can preliminarily judge the prospect of the application being granted the patent right in the Patent Office of various countries, so as to decide whether it is necessary to continue the national stage.

5. postponing the time of entering the national stage, so that the applicant can decide whether it is necessary to enter the designated country according to the market prospect and technological progress. Delaying entry to the national stage generally does not affect the time of granting patent rights.