It should be noted that the patent applicant can only apply for a patent through PCT, and cannot directly obtain a patent through PCT.
In order to obtain a patent in a certain country, the patent applicant must also go through the formalities of entering the country, and the patent office of that country will examine the patent application. If it meets the requirements of the patent law of the country, a patent right shall be granted.
Application features include the following:
1, which simplifies the application procedures and provides a more convenient way for applicants to apply for patents abroad;
2. When postponing the decision-making time and filing a general patent application to a foreign country, the patent applicant must submit a patent application to the patent offices of various countries within 12 months after the date of filing the patent application for the first time. Through the PCT patent application, you can go through the formalities of international patent application entering each country within 30 months from the date of filing the patent application for the first time;
3, accurate investment, because it can delay the decision-making time, so it can accurately invest the funds entering the national stage;
4. Improve the application documents. Through the PCT international application procedure, you can have two opportunities to modify the PCT international application documents to achieve the effect of improving the patent application documents;
5. Obtain the PCT international search report and written opinions, and preliminarily evaluate the novelty and creativity of the patent application.
A PCT patent application has to go through the international stage and the national stage. International applications must first be examined at the international stage and then at the national stage.
The filing of the application, international search and international preliminary examination are completed in the international stage, and whether to grant the patent right is completed in the national stage by the designated national bureau.
legal ground
patent law of the people's republic of china
Article 3 The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law.
The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.