One is the method of Paris Convention, and the other is the method of PCT. (1) Apply for a foreign patent directly through the Paris Convention. China is a member of the Paris Convention. The main process of filing a patent application to a foreign country through the Paris Convention is as follows: Step 1, submit an application for a patent for invention-creation to the Chinese Intellectual Property Office, and the filing date of this application in China is the priority date. Second, within 65,438+02 months (invention, utility model) or 6 months (design) from the priority date, the patent agent shall file a separate patent application for the invention-creation in other countries where the applicant wants to be protected, and then these countries shall examine the invention-creation according to their own laws, and then grant the patent right or reject the application. If it exceeds the time limit of 12 or 6 months, the novelty of the patent will be lost and it is impossible to file a patent application abroad. (2) Apply for foreign patent through PCT. China joined the Patent Cooperation Treaty (PCT) on June 1 994+1October1. The main process of requesting foreign patent protection through PCT is as follows: Step 1, submit a patent application for invention and creation to the Chinese Intellectual Property Office, and the application date in China is the priority date. The second step is to submit the PCT international application to the PCT Office or the International Bureau of the Chinese Intellectual Property Office within 65,438+02 months (inventions and utility models) from the above priority date, that is, to enter the international stage. Complete the acceptance, retrieval, modification (optional), publicity and preliminary examination (optional) of international applications in the international stage. Third, within 30 months from the priority date, the agent will go through all kinds of formalities for entering the national phase with the intellectual property institutions of other countries where the applicant wants to be protected, and then these countries will review the invention and creation according to their own laws, and then grant the patent right or reject the application. The procedures of the two approaches are basically the same, but compared with the Paris Convention, PCT application has some advantages, such as extending the time for applying for a patent abroad from 12 months to 30 months, so that applicants have enough time to prepare for foreign patent applications. In addition, by submitting the PCT application, you can obtain the international search report made by the PCT acceptance bureau. The retrieval report records whether the application has novelty or creativity of patent authorization, so that we can judge whether the patent has the possibility of authorization, so as to avoid losing the cost of further application. At present, because the PCT method is more reliable and safe, applicants from all countries, including China, apply for foreign patents by PCT method.
Legal basis:
patent law
Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he may enjoy the priority in accordance with the agreement signed between that country and China or the international treaties to which both countries are parties, or in accordance with the principle of mutual recognition of priority.
Applicants who file a patent application for invention or utility model for the first time in China within 12 months, or apply for a patent for design for the first time in China within 6 months may enjoy priority.
Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application, and submit a copy of the first patent application document within 16 months from the date of filing the first patent application for invention or utility model.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.