Patent cooperation treaties generally include the following contents: the scope and mode of use of patent rights, the term of use, rights and obligations, confidentiality provisions, liability for breach of contract, etc. In addition, we must abide by relevant laws and regulations, such as the anti-monopoly law.
Patent Cooperation Treaty (PCT) is an international treaty for cooperation in patent field, which was signed on 1970 and came into effect on 1978. The treaty provides a unified procedure for applying for patents in the contracting States. Patent applications filed under the patent cooperation treaty are called international patent applications or PCT international applications. Since the adoption of the Paris Convention, it has been regarded as the most important symbol of the progress of international cooperation in this field.
However, it mainly involves the coordination and rationality of filing, retrieval and examination of patent applications and the dissemination of technical information contained therein. PCT does not grant "international patents": the task and responsibility of granting patents can still only be undertaken by patent offices in various countries seeking patent protection or institutions (designated offices) exercising their functions and powers. PCT and Paris Convention are not competitive, but actually complementary. In fact, this is a special agreement under the Paris Convention, which is only open to the member countries of the Paris Convention.
PCT was concluded in 1970, revised in 1979 and revised in 1984 and 200 1. PCT is open to parties to the Paris Convention for the Protection of Industrial Property (1883). The instrument of ratification or accession must be deposited with the Director General of WIPO. Through this treaty, as long as the applicant submits an "international" patent application, he can request patent protection for the invention in every country in many countries at the same time. Such an application may be submitted by any national or resident of the State party.
Generally speaking, an application can be filed with the State Patent Office of the Contracting State of which the applicant is a national or resident, but the applicant can also choose to file an application with the WIPO International Bureau in Geneva. If the applicant is a national or resident of a state party that has acceded to the European Patent Convention, the Harare Protocol on Patents and Industrial Designs (Harare Protocol), the revised Bangui Agreement on the establishment of the African Intellectual Property Organization or the Eurasian Patent Convention.
International applications can also be submitted to the European Patent Office (EPO), African Regional Industrial Property Organization (ARIPO), African Intellectual Property Organization (OAPI) or Eurasian Patent Office (EAPO) respectively.