The examination and approval procedures for international applications include two stages: the international stage and the national stage. 1. The international stage is the first stage of the international application approval process. It includes the necessary procedures of international application acceptance, formal examination, international retrieval and international publication, as well as optional international preliminary examination procedures. In the international stage, the international application filed by individuals or units in China to the China Patent Office is handled by the International Bureau of the World Intellectual Property Organization, and all other procedures are carried out in the China Patent Office. International retrieval means that the Chinese Patent Office searches the theme of international application according to the provisions of the treaty, finds out relevant documents and indicates their relevance. Usually, the Chinese Patent Office makes an international search report within 4 months from the date of international application. International preliminary examination means that the Chinese Patent Office examines the international application at the request of the applicant and puts forward preliminary and non-binding opinions on whether the invention requested for protection is novel, creative and industrial. Under normal circumstances, China Patent Office will make an international preliminary examination report within 9 months from the date of receiving the international preliminary examination request. Second, the national stage The national stage is the second stage of the international application approval process. The national phase is held in the patent office of the country where the applicant wishes to obtain the patent right (called the designated bureau or the selected bureau). Including the procedures for entering the national phase and the examination and approval procedures at each designated bureau or selected bureau. In the international stage, if the international application fails to request international preliminary examination within 0/9 months from the priority date, the time limit for entering the national stage (designated bureau) is 20 months from the priority date; For international applications that request international preliminary examination within 19 months from the priority date, the time limit for them to enter the national phase (selected bureau) is 30 months from the priority date. The main procedure for an international application to enter the national phase is to submit the translation of the international application documents and pay the prescribed national fees according to the regulations of various countries. After the international application enters the national stage, the patent offices of various countries will examine it according to the provisions of their own patent laws and regulations and decide whether to grant the patent right.
Legal objectivity:
Provisions of the Patent Office of China on the Implementation of the Patent Cooperation Treaty Article 27 In the international procedure of international application, the applicant shall pay the following fees in accordance with the detailed rules for the implementation of the treaty: (1) transmission fees; (2) International fees, including basic fees and designated fees; (3) Search fees and additional search fees; (4) handling fee; (five) preliminary examination fee and additional preliminary examination fee; (6) confirmation fee; (7) late fees; (eight) other expenses stipulated in the detailed rules for the implementation of the treaty. The amount, currency and payment method of the fees listed in the preceding paragraph shall be announced separately by the Patent Office.