Can PCT applications all enter the national phase in China?
For an international application with an international filing date, as long as China is designated, the Patent Office shall recognize the validity of the application as a formal national application according to Article 102 of the Detailed Rules for the Implementation of the Patent Law. For international applications claiming to enter the national phase, during the international phase, the International Bureau has issued a notice of "withdrawal of international application" (table PCT/IB/307) or "international application is deemed to be withdrawn" (table PCT/IB/325) to the Patent Office, or issued a notice of "withdrawal of designation" to China (table PCT/IB/307). According to Item (1) of Paragraph 1 of Article 105 of the Detailed Rules for the Implementation of the Patent Law, the validity of the international application in China is terminated, and the Patent Office issues a notice that the international application cannot enter the national phase in China, informing the applicant that the formalities for the international application to enter the national phase will not be accepted. Where an international application chooses China within the prescribed time limit, and this choice is still valid before entering the national phase, it shall go through the formalities for entering the national phase within the time limit specified in Article 103 of the Detailed Rules for the Implementation of the Patent Law. Whether to choose China shall be subject to the "Selection Notice" (PCT/IB/33 1) transmitted by the International Bureau. After the International Bureau issues the Notice of Selection, it issues the Notice of Withdrawing the Request or Selection (table PCT/IB/339) or the Notice of Not Submitting the Request or Not Making the Selection (table PCT/IB/350), which involves withdrawing the selection or not making the selection. If the specified country has "CN", the international application is directed at China.