1. Apply for entry through the Paris Convention; 2. Enter China through PCT international patent application (only inventions and utility models can be applied through PCT channel, but the appearance is not good).
1, Paris Convention application: After the application is submitted in China, the priority period must be 12 months before the application can be made in the target country, otherwise the novelty of the patent will be destroyed.
2. Pass the PCT international patent application: after submitting the application in China, submit a PCT international patent application within 12 months, with the priority period extended to 30 months, and then apply in the target country. You can get more preparation time and decide which countries to enter according to changes in market conditions.
Advantages of applying for international patent through PCT:
(1) Simplify the application procedure
You only need to submit an international application, that is, you can get an international application date that can take effect in multiple countries, so you can apply for a patent in multiple countries without submitting a patent application to each country separately.
Postpone decision-making time
The time for applying for a patent abroad can be extended from 12 months to a maximum of 30 months. During this period, the applicant can make a preliminary assessment of the possibility of obtaining patent authorization for the patent application by using international retrieval and international preliminary examination procedures, and determine whether to apply in a specific country in combination with factors such as technological development and market prospects. Manpower, material resources and financial resources can be properly allocated. If you enter multiple countries at the same time, the Paris Convention will raise a large number of application fees for entering multiple countries within 12 months, which is enough time to raise funds through PCT.
Accurate investment funds
International patent applications should be searched by international search agencies, and only after obtaining high-quality search reports can they enter other countries. The international search report gives one or more existing technical documents, so that the patent applicant can not only know the status of the existing technology, but also preliminarily judge whether the invention has the prospect of granting a patent. If the international application passes the international preliminary examination, the patent applicant can also get a high-standard international preliminary examination report made by the international preliminary examination unit.
If the international preliminary examination report shows that the invention does not have novelty, creativity and industrial practicability, the patent applicant may consider not entering the national phase again in order to save costs. If the patent application authorization conditions are insufficient, it will be rejected after entering multiple applicant countries, causing great losses.
(4) Improve the application documents
Before entering the national phase through PCT, the applicant may modify the application documents according to the international search report and the international patent examination report.