1. International stage
The international stage is the first stage of the international application examination and approval procedure. It includes the necessary procedures of international application acceptance, formal examination, international retrieval and international publication, as well as optional international preliminary examination procedures.
In the international stage, the international application filed by individuals or units in China to the China Patent Office is handled by the International Bureau of the World Intellectual Property Organization, and all other procedures are carried out in the China Patent Office.
International retrieval means that the Chinese Patent Office searches the theme of international application according to the provisions of the treaty, finds out relevant documents and indicates their relevance. Usually, the Chinese Patent Office makes an international search report within 4 months from the date of international application.
International preliminary examination means that the Chinese Patent Office examines the international application at the request of the applicant and puts forward preliminary and non-binding opinions on whether the invention requested for protection is novel, creative and industrial. Under normal circumstances, China Patent Office will make an international preliminary examination report within 9 months from the date of receiving the international preliminary examination request.
2. National stage
The national stage is the second stage of the international application approval process. The national phase is held in the patent office of the country where the applicant wishes to obtain the patent right (called the designated bureau or the selected bureau). Including the procedures for entering the national phase and the examination and approval procedures at each designated bureau or selected bureau.
In the international stage, if the international application fails to request international preliminary examination within 0/9 months from the priority date, the time limit for entering the national stage (designated bureau) is 20 months from the priority date; For international applications that request international preliminary examination within 19 months from the priority date, the time limit for them to enter the national phase (selected bureau) is 30 months from the priority date.
The main procedure for an international application to enter the national phase is to submit the translation of the international application documents and pay the prescribed national fees according to the regulations of various countries.
After the international application enters the national stage, the patent offices of various countries will examine it according to the provisions of their own patent laws and regulations and decide whether to grant the patent right.
The process of entering the national phase will not happen automatically and must be initiated by the applicant. The applicant must go through the formalities of entering the national phase of the designated country (or selected country) within 30 months (in some countries, it may be 20 months) from the priority date: pay the national fee and submit the translation of the international application translated into the national language. The national laws and regulations of some countries stipulate that the time limit for entering the national phase is later than 30 months (or 20 months). Even if the international preliminary review report has not been obtained, the time limit for entering the national phase must be observed.