Foreword:Any enterprise with overseas business will generally consider the layout of overseas patents, and which way to apply for overseas patents is also the first issue that enterprises need to consider. Today, I would like to introduce you to one of the most common ways to open the road to global patentsPCT international patent application
1. What is an international application under the PCT?
PCT is the English abbreviation of "Patent Cooperation Treaty", which refers to an international treaty on cooperation in the field of patents, which can solve the problem that when the same invention is applied for a patent in multiple countries or regions, the applicant needs to file multiple applications with each patent office.
We can also understand the PCT as an international passport, the purpose of which is to simplify the procedures for applying for patents internationally, that is, the applicant only needs to file a single PCT patent application to request patent protection in all member states, eliminating many repetitive procedures for applying for patents in each foreign country separately.
Since the entry into force of the PCT in 1978, there have been more than 150 countries or regions in PCT membership, and China has officially become a member of the PCT since January 1, 1994.
2. Ways to apply for patents abroad
At present, there are three main ways for Chinese applicants to apply for patents abroad:
Type 1: Direct Path:That is, the applicant directly files a separate patent application in all countries where the invention is intended to be protected.
The second way: the traditional Paris Convention approach:The applicant files an application in a Paris Convention contracting state and then files several application documents with a national or regional patent office within 12 months from the filing date of the first patent application, and pays the prescribed fees.
The third way: PCT route:
The applicant may file a PCT international application directly with the State Intellectual Property Administration of China (RO) within 12 months from the priority date if the applicant claims priority.
The international filing date, as determined by the receiving Office, has the effect of a regular national application in all member states of the PCT from the international filing date.
The applicant may enter the national phase with the national or regional patent office for which patent protection is to be obtained within thirty months from the priority date.
Each national or regional patent office will decide whether to grant a patent in respect of a successful PCT international application entering the national phase in accordance with its national law.
III. PCT International Application Process
PCT international applications can be divided into:International phase and national phase。The international phase includes the filing of an international application under the PCT, international search and international publication, and the applicant may also request an international preliminary examination procedure in the international phase;The national phase is the examination of a patent application by the patent offices of the Member States.
It is important to note that:An international application under the PCT is an international application and does not grant an international patent, and the right to grant a patent is still within each country.
4. Advantages of the PCT pathway
1. Simplified application procedures
Under the PCT route, you can write your application documents in a language you are familiar with (Chinese or English) and submit them directly to the CNIPA, eliminating the need for labor to file multiple applications in many different languages.
2. Accelerated examination procedure:
If a Contracting State has a PCT Patent Prosecution Highway (PCT-PPH) agreement or similar agreement, it is also possible for applicants to expedite the examination process in their national phase.
3. Postpone decision-making time
The applicant may file an application in one language up to 12 months before the priority date, while retaining the right to file in more than one designated country, and the time for the applicant to make a final decision to file an application in a foreign country may be extended to 30 months from the priority date. During this time, applicants can assess the commercial value of their applications with some accuracy.
4. Guide corporate actions
After the PCT patent is searched by the International Searching Authority, the applicant will receive an international search report and a written opinion, which contains important information about the patentability of the patent, and the patent applicant can decide whether to proceed with the application based on the preference opinion on whether the patent can be granted given in these two reports.
5. Save application fees
Due to the specific procedures of PCT patents, applicants can save the cost of submitting different texts, the cost of patent examination in different countries, and other material costs, labor costs, transportation costs, etc.
In conclusion, due to its efficiency, flexibility and cost considerations, the PCT route is a cost-effective option for companies that want to protect their patents overseas.