According to Article 104 of the Detailed Rules for the Implementation of the Patent Law, if an international application is filed in a foreign language, the Chinese translation of the specification, patent claim and abstract of the original international application shall be submitted when entering the national phase. Attached drawings and abstract drawings with words shall be replaced by corresponding Chinese characters. If the Chinese translation is obviously inconsistent with the original text, the Chinese translation shall not be used as the basis for determining the date of entry.
Therefore, when translating the PCT application, it should be translated completely according to the original content, and there should be no additions or deletions.
In practice, due to the negligence of the agent, some contents in the Chinese translation are inconsistent with the international published version of PCT, and a correction notice is issued. In this kind of correction notice, the parts that are usually prone to problems are the drawing number and label in the attached drawings, the numbers in the specification and the optional group of Markush-type claims in cases in the chemical field.
In order to avoid this modification, the agent needs to pay more attention to the above-mentioned error-prone parts and try to avoid inconsistency with the original content. Usually, agents only need to modify inconsistent content to overcome this correction.
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