Entrusting a foreign-related patent agency to apply for PCT patent is basically the same as applying for foreign patent. With the cooperation of the patent agent, the applicant shall make the following preparations. Up to now, PCT member countries have reached nearly 80 countries, including most countries that have established patent systems in the world. The applicant should seriously consider which countries to designate, and this designation must be made at the same time as the patent application, and the designation fee must be paid.
First of all, it is necessary to determine the patent application category of each designated country.
Secondly, it is to determine whether to claim priority. Generally, those who apply for PCT patent apply for China patent first. The first China application can be regarded as the text of the PCT application claiming priority. If the applicant is not satisfied with the previous application text, it can be modified, but the modified content is beyond the scope of the original application text, and the excess part cannot enjoy priority.
Third, we must identify the inventor and the applicant. Where an invention has more than one inventor, the order shall be determined according to the contribution of the inventors to the substantive features of the invention, and the English names (Chinese and Pinyin) and addresses of the inventors shall be compiled. Because the patent laws in different countries are different, the applicants for the same patent in different countries may be different. American patent law stipulates that the inventor should be the applicant. If the applicant for the patent application for service invention is a company in China, the applicant applying to the United States should be the inventor. Therefore, in order to fulfill the earlier application, it is necessary to go through the relevant transfer procedures.
Fourth, we should determine the name of the invention and prepare the application documents. The name of the invention shall generally be consistent with the name of the earlier application. When preparing the application documents, if priority is required, the previous application text (the patent application document submitted to the China Patent Office for the first time) shall be copied and prepared. If the applicant wants to modify it, he can modify it directly on the original application text or write it on another piece of paper and provide it to the patent agent together.
Fifth, it is the cost of preparing to apply for a patent. The cost of a PCT application is much higher than that of a China patent, and the cost must be submitted to the International Bureau at the same time as the application is submitted. Therefore, the applicant should prepare the required fees in advance.
PCT application fee includes two stages. The first stage is the international application stage, which is handled by the State Patent Office (PCT Acceptance Bureau). The fees at this time refer to the fees charged by the international bureau, the international acceptance bureau and the agency. The second stage is the national stage, that is, the PCT application enters the designated country for review. The fees charged at this time are those charged by patent offices in various countries, fees charged by foreign agencies and fees charged by domestic agencies.
(1) The main expenses in the international application stage: (1) Basic expenses, designation fees and handling fees. (2)PCT acceptance bureau fees. Transmission fee, priority fee, search fee and preliminary examination fee. (3) Other expenses in the application process, such as the expenses of patent offices and agencies in different countries, vary from country to country, and a country is roughly several thousand dollars.
PCT application fee is still relatively high, which will change every year. Applicants must think carefully before applying for PCT patent.