How to apply for an international patent? What are the international patent application processes of 20 18?
How to apply for an international patent? What are the international patent application processes of 20 18? According to Article 20 of China's Patent Law, if an applicant applies for a foreign patent, he shall first file a patent application with the China Patent Office, and then apply for a foreign patent. An applicant who applies for a foreign patent within the priority period may enjoy the priority of the original patent application in China. If the original China patent application has exceeded the priority period but has not been made public, you can also apply for a foreign patent before it is made public, but you will no longer enjoy priority. How to apply for an international patent? 1, PCT approach According to the Patent Cooperation Treaty (PCT), an applicant can request multiple countries to protect his invention at the same time in a large number of member countries by submitting only one PCT international patent application (without submitting patent applications from multiple different countries or regions). The granting of patent rights is still the responsibility of patent offices in various countries or regions (PCT national stage). 2. Paris Convention approach According to the Paris Convention approach, the applicant can directly file an application with the patent authorities of other member countries of the Paris Convention within 12 months (invention or utility model) /6 months (design) after filing the national patent application for the first time, and claim priority. 3. Direct application channels in ordinary countries If the applicant wishes to apply for a patent in a country or region other than the Paris Convention or the PCT member countries, it can be handled in accordance with the intellectual property agreement signed between China and the country or region or the principle of reciprocity. What are the international patent application processes of 20 18? Step 1: Submit the application. The applicant submits an international application that meets the requirements of PCT format in one language and pays a set of fees. Step 2: International search. International search agency (ISA) searches for public documents that may affect the patentability of inventions, and gives opinions on the patentability of inventions. Step 3: International announcement. The contents of the international application will be made public as soon as possible after the earliest application date 18 months expires. Step 4: Supplementary international search (optional). It is conducted by an international retrieval unit that is willing to provide supplementary retrieval without participating in the main retrieval, so as to find the published documents that cannot be retrieved by the international retrieval unit that conducts the main retrieval due to the diversity of existing technologies in the language and technical fields. Step 5: International preliminary review (optional). At the request of the applicant, after the international publication (usually in the case of modifying the original application), the international retrieval unit will conduct additional patent analysis. Step 6: National stage. After the PCT procedure is completed, the applicant begins to seek patent authorization directly from the patent office of the country (or region) that wishes to obtain a patent. About how to apply for an international patent. What are the international patent application processes of 20 18? We are here to answer this question for you. If you have more questions about patent application, you can continue to pay attention to Bajie Intellectual Property or contact us by phone.