1. International stage
(1) Application
Step 1: Submit a domestic patent application in China or directly submit a PCT application to the International Application Acceptance Bureau (the Patent Office of the International Intellectual Property Office).
Step 2: If the China application is submitted first, the PCT international application shall be submitted to the International Application Acceptance Bureau within 12 months from the priority date.
(2) International search
Step 3: Within 9 months from the priority date or within 3 months from the international application date, the international retrieval unit (China National Intellectual Property Administration Patent Office) will issue an international retrieval report and written opinions (the retrieval report gives opinions on the novelty and creativity of the patent for reference only).
Step 4: (Optional) Within 65,438+06 months from the priority date or within 2 months from the receipt of the international search report and written opinions, according to the provisions of Article 65,438+09 of the Treaty, you can directly file a claim amendment with the International Bureau.
(3) International publications
Step 5: At the expiration of 18 months from the priority date, the International Bureau will publish the international application internationally.
(4) International preliminary examination
Step 6: (Optional) Within 22 months from the priority date or within 3 months from the receipt of the international search report and written opinions, the applicant may request the international preliminary examination, and may amend the patent claim and specification according to Article 34 of the Treaty.
2. National stage
Step 1: Enter the designated country (such as USA, Japan, EU, etc.). Within 30 months from the priority date (the specific period may vary from country to country, so as not to miss the deadline).
Step 2: Patent offices in various countries conduct preliminary examination and substantive examination of the application (you can refer to the opinions of international search reports).
Step 3: The applicant prepares the defense statement according to the examiner's review opinions and modifies the application text.
Step 4: authorize or reject.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.