What are the ways and procedures of international patent application?

Generally speaking, there are three ways to apply for a patent overseas, including: one is to submit the application documents directly to the country where the application is made; Second, submit application documents to countries that need to apply through the Paris Convention; Third, submit the application documents through PCT.

First, direct application

According to their own needs, applicants directly submit application documents that meet local regulations to the competent authorities of the required countries or regions, so that their applications can be protected in that country more quickly.

Take applying for a US patent as an example. The United States patent application is accepted by the United States Patent and Trademark Office (USPTO), and the United States patent application must be submitted in English or accompanied by an English patent. Applicants can apply for three kinds of patents in the United States: utility patents, design patents and plant patents. There are two types of invention patents and plant patent applications: temporary patent applications and non-temporary patent applications.

Second, the method of the Paris Convention.

The full name of the Paris Convention is the Paris Convention for the Protection of Industrial Property, which stipulates that on the basis of submitting a formal application to one of the contracting States for the first time, the applicant may, within a certain period of time (for invention patents and utility model patents, 12 months; Industrial designs and trademarks for six months), apply to any other contracting state for protection, and the date of the latter application will be regarded as the same as the date of the first application.

This means that within 12 months (invention and utility model) or 6 months (design) after China (of course, other contracting countries can also file a patent application for China for the first time, the applicant can file an application with a foreign patent office and enjoy the priority of the China patent he applied for according to the Paris Convention.

Thirdly, PCT approach.

PCT (Patent Cooperation Treaty) is an international treaty that facilitates patent applicants to obtain international applications after Paris Convention. In essence, it is a supplement to the Paris Convention and a special agreement open to the members of the Paris Convention. With PCT, the applicant can file an international patent application and apply for the protection of his invention in most countries in the world.