How long does it take to apply for a foreign patent through PCT?

1, after the domestic patent application, you can apply for a foreign patent as soon as you get the application number. But it needs to be filed within 12 months from the date of domestic patent application; You can also apply for PCT international application within 65,438+02 months, and you can extend 65,438+02 months to 30 months.

2. As long as you confirm the date of your first application in China, it doesn't matter if you publish your paper again; Because, in 12 months or 30 months, you can claim the priority of the first domestic application, so the filing date of foreign patents is regarded as the same as that of domestic patents. Therefore, the papers published later will not affect foreign patents.

3. The country has now liberalized the conditions for foreign-related agency, and all patent agencies registered in China National Intellectual Property Administration are qualified to be foreign-related agents.

In the international application stage, China applicants can submit their applications in Chinese, and when submitting their applications, they must specify the country (designated country) where the application is valid.

The national phase is to go through the formalities of entering the national phase within 20 or 30 months from the date of international application (or priority date), compared with the way of adopting the Paris Convention. PCT applications can be delayed for 8 months or 18 months, and the payment of foreign stage fees will be delayed accordingly. Obviously, the time for approval will be delayed accordingly.

Documents prepared by the applicant:

1. List of application materials (sample provided by the agency), indicating the application items, applicant information, application country and submission time limit, etc.

2. Relevant materials of the earlier application (if any), including the request, the notice of acceptance and the original patent application documents (claims, specifications, abstracts and drawings);

3. Proof of priority;

4. Existing technical data related to the patent application (if any);

5. Documents such as power of attorney or small business statement need to be signed by the applicant, and corresponding documents will be signed according to the specific situation.