PCT international patent application is first submitted by the patent applicant to its competent acceptance bureau, published internationally by the International Bureau of the World Intellectual Property Organization, and searched internationally by international search units. If the applicant requests, the international patent application shall be subject to international preliminary examination by the international preliminary examination unit. The purpose of international retrieval is to provide existing technical information related to international patent applications; The purpose of international preliminary examination is to provide preliminary examination opinions on the novelty, creativity and industrial practicability of international patent applications. After international retrieval, international publicity and international preliminary examination (if necessary), the patent applicant goes through the formalities of entering the national phase.
The Patent Office of the Intellectual Property Office of China is the competent acceptance bureau for nationals or residents of China, and it is also an international retrieval unit and an international preliminary examination unit. Where an applicant from China files an international patent application, it shall be approved by the relevant departments of People's Republic of China (PRC) and the State Council, and entrusted by a foreign-related patent agency. China applicants may file an international patent application with the China Patent Office or the International Bureau of the World Intellectual Property Organization.
According to the provisions of China's Patent Law, China Minsheng Investment Co., Ltd. must entrust a patent agency legally established in China to submit an international application for PCT patent in China, and no other unit or individual can complete this process.
It should be noted that the patent applicant can only apply for a patent through PCT, and cannot directly obtain a patent through PCT. In order to obtain a patent in a certain country, the patent applicant must also go through the formalities of entering the country, and the patent office of that country will examine the patent application. If it meets the requirements of the patent law of the country, a patent right shall be granted.