PCT international application
Where an entity or individual in China files an international application, it shall obtain the consent of the relevant competent department in the State Council, or declare to the Chinese Patent Office that the invention does not involve national security, and then file an application in one of the following two ways.
(1) First file a national patent application with the China Patent Office, and then file an international application within the priority period of 12 months;
(2) directly file an international application with the Chinese Patent Office, and designate China in the international application.
To file an international application, a foreign-related patent agency designated by the China Patent Office shall be entrusted, and the China Patent Office does not accept the applicant to submit an international application directly. PCT Office of China Patent Office is responsible for accepting international applications submitted to China Patent Office. The representative offices set up by China Patent Office all over the country do not accept international applications. Citizens or residents of China can also submit their international applications directly to the WITO International Bureau. International application documents can be submitted in person, by registered mail or by fax to PCT Office of China Patent Office through the designated patent agency. If submitted by fax, the original shall be delivered to PCT of China Patent Office through the designated patent agency within 14 days from the date of fax, otherwise the fax shall be deemed as not received. The date when the Chinese Patent Office actually receives the international application documents that meet the acceptance conditions is the international application date. If it is submitted by fax, as long as the fax meets the acceptance conditions and the original is delivered within the specified time, the fax date is the international application date.
If the submitted international application documents do not meet the acceptance conditions, the applicant shall be allowed to make corrections within 30 days from the date of submission, and the date of correction that meets the acceptance conditions shall be taken as the international application date.
Where an international application is filed, the transfer fee, search fee and international fee (including basic fee and designated fee) shall be paid within 1 month from the date of international application. The specified fee can be paid within the above period or within 12 months from the priority date.
Single country application
1, apply for China patent.
If units and individuals in China intend to apply for foreign patents, they must first file a patent application with the China Patent Office, which is mainly to facilitate the confidential examination of the Patent Office and safeguard the national interests. This is also beneficial to the applicant, because if you apply to a member of the Paris Convention, you can enjoy priority according to the regulations. China citizens' inventions and creations in foreign countries can go through the patent application procedures in the country of residence in accordance with the provisions of China scholars' application for patents for inventions and creations in foreign countries. Any invention and creation that involves national security or vital interests and needs to be kept confidential shall not apply for a foreign patent, and offenders shall be given administrative sanctions. If the circumstances are serious, criminal responsibility shall be investigated according to law.
2. Proof of priority and procedures.
Where an entity applies, it shall, in general, submit a request for overseas patent application to the relevant competent department of the State Council in accordance with the relationship between industry concentration and administrative jurisdiction. After receiving the request, the relevant competent department of the State Council shall, within 4 months from the date of application, conduct a confidential review of the request, put forward opinions on whether to apply for a patent abroad, and send a copy to the State Science and Technology Commission through the applicant. After receiving the affirmative notice, the applicant may request the priority certificate from the Chinese Patent Office with this notice, so as to go through the formalities of filing a patent application abroad. Where an individual applies, he may directly request the Patent Office to issue a certificate of priority. After passing the confidentiality review, China Patent Office will issue a priority certificate. To apply for a priority certificate, a priority claim fee shall be paid. Submit a request to process a copy of a document:
3, microbial preservation program.
The patent laws of most countries stipulate that any patent application involving microorganisms that are not available to the public requires that microbial preservation be submitted before or on the same day as the application date. This requires completing the export licensing procedures before filing a patent application, and at the same time handling the microorganism import procedures through the agency of the host country. China acceded to the Budapest Treaty on the International Recognition of Patented Microorganisms on July 1995. The microorganism preservation units designated by the Chinese Patent Office, the General Microbiology Center of China Microbial Species Preservation Management Committee (Zhongguancun, Beijing) and the China Center for Typical Culture Preservation (in Wuhan University) are also internationally recognized microorganism species preservation units. Therefore, if the deposit has been submitted to the above-mentioned units and a patent application has been filed with the contracting parties to the Budapest Treaty, the deposit formalities may not be handled separately or postponed.
4. Entrusted agency
Units and individuals in China apply for patents abroad. The applicant shall entrust a foreign-related patent agency designated by the State Council to handle the priority certificate. An entrusted agent must sign a power of attorney (some even sign an entrustment contract). The power of attorney is generally uniformly printed by the agency. If the applicant is a unit, it shall be sealed by the unit and signed by the legal representative. If the applicant is an individual, it can be signed by the individual. Secondly, it is necessary to fill in the list of entrusted foreign patent applications, including the inventor, applicant's name (or title), address, original application date, application number, priority requirements, application country, application category, translation method of application documents, notarization and authentication methods, etc. Among them, the inventor column should provide Chinese and Chinese pinyin, and the applicant column should provide the official unit name in Chinese and English or Chinese pinyin. If the priority certificate is not completed, it may be entrusted to an agency.
5. Fill in the relevant application form.
These forms are provided by the institutions of the applicant country and need to be filled out by China applicants. Common ones are power of attorney, transfer certificate (if there is a transfer relationship), inventor's affidavit and SME certificate (some countries and the United States stipulate that if Shen Qing is a SME, the application fee can be reduced).
6. The processing of other necessary documents depends on the country applying. If you apply for Japan, you should apply for notarization of the nationality of a legal person or individual. For Thailand, Fiji and South America, the signature of the power of attorney shall be notarized; Fizinbin and South American countries also need to go through the certificate authentication procedures. Notarization procedures can generally be handled in Beijing Notary Office.