PCT is a way to apply for a patent. Patent applicants can only apply for a patent through PCT, and cannot obtain a patent directly through PCT. In order to obtain a patent in a certain country, the patent applicant must also go through the formalities of entering the country, and the patent office of that country will examine the patent application. If it meets the requirements of the patent law of the country, a patent right shall be granted.
It is a misunderstanding of the PCT system to claim that global protection can be obtained by submitting a PCT application.
2. The appearance patent cannot pass the PCT application.
At present, inventions or utility models can only be submitted through PCT.
3.PCT application documents should consider the relevant laws and regulations of the target country.
The object and scope of patent law protection in different countries are different. For example, article 25 of China's patent law stipulates several situations in which patent rights are not granted. Therefore, when writing PCT application documents, we should comprehensively consider the relevant laws and regulations of the target country to avoid losing some rights or encountering obstacles in the review process after entering the national stage.
4. Pay the fees on time.
The applicant shall pay the transmission fee, retrieval fee and international application fee (if applicable, pay the international application surcharge) within one month from the date of receiving the international application. Payment methods: face-to-face payment, bank remittance, authorized account deduction and online payment platform.
5. Pay attention to the time limit of PCT application.
There is a certain time limit for each step from submitting the PCT application to entering the national stage. Applicants should pay special attention not to miss it.