International patent applications are divided into two ways:
1. Adoption of the Paris Convention: This method is applicable to patent applications for inventions, utility models and designs.
2. Adoption of Patent Cooperation Treaty (PCT): This method is only applicable to patent applications for inventions and utility models.
See Baidu's "Extraordinary Patent Network" for details.
The specific measures for China units or individuals to apply for international patents are as follows:
1. To apply for a patent to the Patent Office or to designate China in an international application, the State Council or the State Council shall be entrusted with a patent agency designated by the Patent Office with the consent of the relevant authorities in the State Council. After accepting the entrustment of the applicant, the patent agency shall submit the relevant documents that the relevant competent authorities in the State Council have agreed to apply for a patent abroad to the Patent Office for the record.
2. When submitting an international application to the International Bureau, compatriots in Taiwan Province Province shall provide the Patent Office with the certification documents of the applicant's domicile or business place, and entrust the State Council to authorize the patent agency designated by the Patent Office to handle it. China compatriots living in Hongkong, Macao and other regions who submit international applications to the International Bureau and designate the China Patent Office as an international search unit in the request shall provide nationality certificates to the Patent Office and entrust a patent agency designated by the Patent Office authorized by the State Council to handle them.
3. Where a China resident or national submits an international application to the International Bureau in accordance with these Measures, the competent international search unit and the international preliminary examination unit are the Chinese Patent Office.
In addition, China people can apply for patents in foreign countries through the Paris Convention. There are two main ways for China people to apply for patents abroad: PCT international application and Paris Convention. It should be noted that the PCT international application does not include the design patent.
1. Application phase
To apply for a patent for design, the patent application documents shall include: a request for a patent for design, pictures or photographs. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. All submitted pictures are pictures, all submitted photos are photos, and pictures or photos shall not be mixed. If pictures or photo descriptions are needed, a brief description of the design shall be submitted. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
China implements a preliminary examination system for applications for design patents. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the design patent protection customer. If there are customers who are not protected by the design patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
3. Authorization stage
Design patent certificate
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
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