Do PCT applications have to have priority?
Do 1.PCT applications have to have priority? PCT applications do not necessarily have priority, and certain conditions need to be met. 1. An international application may claim the priority of one or more earlier applications with the same theme. 2. For an international application claiming priority, the date of application of the earlier application, the application number of the earlier application and the country that accepted the earlier application shall be stated in the request. If the international application does not have a written statement requesting the priority of the earlier application, or the statement is incorrect, the applicant is allowed to make corrections within the next 4 months. 3. After filing a written statement claiming priority, the applicant shall submit a copy of the earlier application as the basis of the priority claim to the acceptance office or directly to the International Bureau. PCT is the abbreviation of Patent Cooperation Treaty. As can be seen from its name, the Patent Cooperation Treaty is an international cooperation treaty in the patent field. Since the adoption of the Paris Convention, it has been regarded as the most important symbol of the progress of international cooperation in this field. However, it mainly involves the coordination and rationality of filing, retrieval and examination of patent applications and the dissemination of technical information contained therein. PCT does not grant "international patents": the task and responsibility of granting patents can still only be undertaken by patent offices of various countries seeking patent protection or institutions exercising their functions and powers. PCT and Paris Convention are not competitive, but actually complementary. In fact, this is a special agreement under the Paris Convention, which is only open to the member countries of the Paris Convention. Second, the benefits of applying 1. You can apply for a patent in many countries only by submitting an international patent application, without submitting a patent application to each country separately, which provides convenience for patent applicants to apply for a patent abroad; 2. When a foreign country files an ordinary patent application, the patent applicant must file a patent application with the patent offices of various countries within 12 months from the date of filing the patent application for the first time. Through PCT, the patent applicant can go through the formalities of international patent application entering each country within 20 months after filing the patent application for the first time; If it is necessary to conduct international preliminary examination, you can also go through the formalities for international patent application to enter various countries within 30 months from the date of filing the patent application for the first time. This has prolonged the time to enter the national stage. During this period, the patent applicant can investigate the market, the commercial prospect of the invention and other factors, and decide whether to continue to apply for foreign patents, and then spend a lot of money to enter the national stage. You can save money if you decide not to apply for a patent abroad after investigation. 3. An international patent application must be searched by an international search agency in order to obtain a high-quality international search report. The international search report gives one or more existing technical documents, so that the patent applicant can not only know the status of the existing technology, but also preliminarily judge whether the invention has the prospect of granting a patent. If the international application passes the international preliminary examination, the patent applicant can also get a high-standard international preliminary examination report made by the international preliminary examination unit. If the international preliminary examination report shows that the invention does not have novelty, creativity and industrial practicability, the patent applicant may consider not entering the national phase again in order to save costs; If the international preliminary examination report shows that the invention is novel. Creativity and industrial practicality, patent applicants may obtain "strong" patents, thus considering entering the national stage. 4. Only the patent application fee needs to be paid to the acceptance bureau, not to the patent offices of all countries that require patent protection, which simplifies the payment procedures. In some countries, the national cost of international patent application is lower than that of ordinary application. 6. The language of an international patent application can be Chinese, English, French, German, Japanese, Russian, Spanish, etc. China applicants can apply for international patents in both Chinese and English, which provides convenience for foreign-funded enterprises in China to apply for patents. We can know that PCT application has no strict requirements on priority. Of course, being able to complete PPT application in any way is of great benefit to patents or enterprises. However, the process is definitely more difficult than the general patent application. Entering the examination stage, the examination period of PCT application is also relatively long, which requires special and detailed understanding in advance.