1. Applicants can apply at the latest. Since PCT applications can be submitted in Chinese, applicants can file applications at the last moment of the priority period. 2. The applicant can get the search report about 9 months from the date of filing or about 16 months from the priority date. The applicant can also obtain the search report within 28 months from the date of application or the priority date. The applicant may also obtain the international preliminary examination report within 28 months from the date of application or the priority date (if the applicant requests the international preliminary examination within the prescribed time limit). The applicant can judge the patentability (novelty, creativity and practicality) of the invention according to the existing technical data mentioned in the above two reports, and can make appropriate amendments to the claim (if necessary), and then decide whether to enter the national procedure. 3. Compared with the way of applying for foreign patents directly through the Paris Convention, PCT application can delay the entry into the national phase by 8 months or 18 months, which is undoubtedly beneficial to those applicants who are not ready. In addition, the payment of the national stage fee was delayed by 8 months or 18 months.
Legal basis:
Article 20 of the Patent Law of People's Republic of China (PRC) shall follow the principle of good faith when applying for a patent and exercising the patent right. Do not abuse the patent right to harm the public interest or the legitimate rights and interests of others. Abuse of patent rights, exclusion or restriction of competition, which constitutes a monopolistic behavior, shall be dealt with in accordance with the Anti-Monopoly Law of the People's Republic of China.