Most international applications have been published by the International Bureau before entering the national phase 18 months after the priority date. According to the provisions of the Patent Cooperation Treaty, if the language used in international publication is different from the language used by the designated country according to the domestic law, the designated country may stipulate that in terms of rights protection, the effectiveness of publication will only come into being after the translation of the language used is published in accordance with the provisions of the domestic law. Paragraph 2 of Article 1 14 of the Detailed Rules for the Implementation of the Patent Law clearly stipulates this. For an international application filed in a language other than Chinese, the right to request temporary protection stipulated in Article 13 of the Patent Law comes into being after the national publication is completed.
Article 13 of the patent law stipulates:
After the publication of an application for a patent for invention, the applicant may require the entity or individual who exploits the invention to pay an appropriate fee.
Article 1 14 of the patent law stipulates:
An international application for a patent right for invention, which the patent administrative department of the State Council considers to be in conformity with the relevant provisions of the Patent Law and these Rules after preliminary examination, shall be published in the Patent Gazette; Where an international application is filed in a language other than Chinese, the Chinese translation of the application documents shall be published.
Where an international application for a patent right for invention is published internationally by the International Bureau in Chinese, the provisions of Article 13 of the Patent Law shall apply from the date of international publication; Where the International Bureau publishes internationally in a language other than Chinese, the provisions of Article 13 of the Patent Law shall apply as of the date of publication by the patent administration department of the State Council.
For international applications, the publication mentioned in Articles 21 and 22 of the Patent Law refers to the publication specified in the first paragraph of this article.