1. Apply for foreign patent through PCT route
a. Benefits available to applicants
1. Applicants can apply at the "last moment". Since PCT applications can be filed in the national language (Chinese), applicants can file applications at the last minute of the priority period.
2. The applicant can obtain a search report approximately 9 months from the filing date or approximately 16 months from the priority date. The applicant can also obtain an international preliminary examination report within 28 months from the filing date or priority date (if the applicant files a request for international preliminary examination within the prescribed time limit). The applicant can judge the patentability (novelty, inventiveness and practicality) of the invention based on the existing technical information mentioned in the above two reports, and can make appropriate modifications to the claims (if necessary), and then Decide whether to enter national proceedings.
3. Compared with applying for a foreign patent directly through the Paris Convention, a PCT application can delay entry into the national phase by 8 months or 18 months, which is for those applicants who are not yet ready. It is undoubtedly beneficial. In addition, the time for payment of national phase fees is correspondingly postponed by 8 or 18 months.
b. Notes
1. According to Article 20 of the Chinese Patent Law, if an applicant applies for a foreign patent, he or she must first submit a patent application to the Chinese Patent Office before applying for a foreign patent.
2. Applicants can apply for Chinese and foreign patents through the PCT route at the same time. According to the Implementing Rules of the Chinese Patent Law, if the applicant files a PCT international application for the first time, the designated country of the application should include China.
3. If the applicant intends to entrust our company to handle the PCT patent application, it is best to complete the entrustment procedures two months before the expiration of the priority period to avoid increasing the application fee due to time constraints.
2. Documents that should be signed or provided when applying for a foreign patent
1. Letter of authorization
2. Letter of authorization instructions, including the following information: Name of the applicant ( Name) and address (Chinese and English); inventor’s name and address (Chinese and English); type of patent to be applied for; country of application; original application date, application number, type of patent applied for; whether priority is claimed; whether filed at the same time as the application Request for substantive examination, etc.
3. Request letter, acceptance notice, original patent application documents (including description, claims, drawings and abstract) of the original Chinese patent application.
4. Existing technical information (patent documents, scientific and technological documents, etc. that are closely related to the invention and are known to the applicant).