How to apply for an international patent? What are the requirements for applying for an international patent?
How to apply for an international patent? What are the requirements for applying for an international patent? An international patent application is a patent application filed by the applicant with the Patent Office of the State Party in accordance with the prescribed procedures when an invention is protected by the Patent Cooperation Treaty (PCT[ 1]). So how to apply for an international patent? What are the requirements for applying for an international patent? How to apply for an international patent? What are the requirements? What are the requirements for applying for an international patent? How to apply for an international patent of the Paris Convention: China is a member of the Paris Convention, and China applicants can apply for a patent directly from other Paris Convention member countries on the basis of China's application; Regional patent applications can also be filed through regional patent organizations (such as European Patent Office, Eurasian Patent Organization, African Intellectual Property Organization, etc.). ). In this way, according to the priority principle of the Paris Convention, the applicant can enjoy the filing date of the earlier application (the application for invention and utility model is 12 months; Design application for 6 months), after applying for a patent in China, you must entrust the patent agency of the applicant country through the foreign-related agency designated by China National Intellectual Property Administration, China, and prepare the application documents and submit the patent application according to the requirements of different countries before the priority deadline. After the expiration of the priority period, if the original application has not been made public or made public by other means, you can still apply for a foreign patent, but you no longer enjoy priority at this time. Patent cooperation treaty channel (PCT channel for short): PCT international application includes international phase and national phase. No decision of authorization or refusal is made in the international stage. The applicant must enter the national phase of the designated country before the date stipulated in the PCT treaty (generally 30 months from the priority date), and pass the independent examination of that country before obtaining the authorization or rejection result. Through the PCT application, the deadline for entering a specific country can be extended from 12 months stipulated in the Paris Convention to 30 months, and the retrieval report issued by the international retrieval bureau can be obtained in the PCT international application stage, so as to make a preliminary judgment on the application prospect. Although the PCT application itself must be filed within 65,438+02 months from the priority date, for China applicants, because the PCT application can be filed in Chinese, there is no need to increase translation work, and the preparation time of application documents can be greatly shortened. What are the requirements for applying for an international patent 1? According to Article 20 of China's Patent Law, if an applicant applies for a foreign patent, he shall first file a patent application with the China Patent Office, and then apply for a foreign patent. 2. An applicant who applies for a foreign patent within the priority period may enjoy the priority of the original patent application in China. If the original China patent application has exceeded the priority period but has not been made public, you can also apply for a foreign patent before the publication date, but you will no longer enjoy priority. If the applicant intends to entrust our company to apply for a foreign patent, it is best to go through the entrustment formalities two months before the expiration of the priority period, so as to avoid increasing the application funds due to time constraints. If an international application is filed immediately, the designated or selected country of the application shall include China.