An application submitted in the manner specified in PCT is called an international application. Generally speaking, an international application is a patent application filed by a resident or national of a PCT Contracting State to protect several Contracting States (usually in more than five designated countries).
Individuals and units in China can still apply to foreign countries in accordance with the principles of the Paris Convention, in addition to applying for PCT. Especially when the applicant only needs to apply for a patent in one country or several countries, it is appropriate to use the Paris Convention.
2. First apply for a patent in China.
According to the relevant regulations, after making an invention, an individual or unit in China can apply in China first, and request priority to apply for a foreign patent within 12 months; You can also submit an international application directly, but you must specify China and foreign countries in the application.
3. Preparation of application fee
At present, to apply for a patent in one country, in addition to paying 4000 to 5000 dollars, it is necessary to prepare about 20000 to 25000 dollars in five countries. We also have to pay the fees for the international phase of PCT, including the transmission fee, retrieval fee and international preliminary examination fee of about 265,438+000 yuan charged by China Patent Office, and the basic fee, designation fee and handling fee of about 65,438+065,438+050 yuan charged by the International Bureau. If it is an international application filed by an individual from China; The fees charged by the International Bureau can be reduced by 75%.
4. International stage
The international stage is the first stage of the international application examination and approval procedure. It includes the necessary procedures of international application acceptance, formal examination, international retrieval and international publication, as well as optional international preliminary examination procedures. Under normal circumstances, China Patent Office will make an international preliminary examination report within 9 months from the date of receiving the international preliminary examination request.
5. National stage
The national stage is the second stage of the international application approval process. The national phase is held in the patent office of the country where the applicant wishes to obtain the patent right (called the designated bureau or the selected bureau). Including the procedures for entering the national phase and the examination and approval procedures at each designated bureau or selected bureau. After the international application enters the national stage, the patent offices of various countries will examine it according to the provisions of their own patent laws and regulations and decide whether to grant the patent right.