Introduction to PCT Patents




Release time:2016-05-12

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The Patent Cooperation Treaty (PCT) was signed in 1970 and entered into force in 1978. China joined the PCT on January 1, 1994 and became a full member of the PCT. At the same time, the Chinese Patent Office has also become the PCT International Acceptance Office, the International Prosecutor's Office and the International Bureau of First Instance.
The PCT application is divided into two phases:
PCT international phase and PCT domestic phase.
The International Phase:
(1) Accepting patent applications and conducting formal examination of patents;
(2) international search;
(3) International preliminary examination.
2. Domestic phase: The examination of the relevant PCT Member State determines whether a PCT patent application can be patented in that country.
Eligibility of PCT Applicants
The treaty stipulates that nationals or residents of each contracting party to the treaty have the right to file an international application. Therefore, Chinese nationals (including entities and individuals, regardless of whether their place of residence or business is in China) and residents (regardless of whether their nationality belongs to China) All have the right to file an international application.
Benefits of PCT applications:
1. a unique program
1. One application, in one language (Chinese), submitted to one receiving office (the Chinese Patent Office), which may replace multiple foreign applications before entering the national phase;
2. At minimal expense, the decision to file an application in a foreign country may be deferred until 30 months from the priority date;
3. Before entering the national phase, the economic value of the invention and the possibility of obtaining a patent can be estimated; there is more time to prepare high-quality translations for the national phase; the cost of the national phase can be better planned.
2. greater flexibility
1. To avoid more costs, you can simply stop the application process or not enter the national phase;
2. The changes made in the international phase shall have effect for all designated/selected States;
3. further features
1. More direct and faster access to patents in designated/selected countries.
PCT Member States
?PCTNumber of Member States reached148One
? ?International publication language increased to tenManyspecies,For example:Chinese, English, French, German, Japanese, Russian, Spanish, Arabic, Korean, PortugueseWait


* All PCT Member States are bound by the provisions of Chapter II of the PCT relating to international preliminary examination. 1 Declaration under Treaty 64(5). 2 Declaration under Treaty 64(2)(a)(ii). 3 Including overseas parts and regions. 4 А to the Kingdom mainland in Europe, the Netherlands Antilles and the Arusha River? Extends to the Isle of Man (in some places translated as the Isle of Man). 6 Declaration under treaties 64(3)(a) and 64(4)(a). 7 Extends to all areas for which the United States has international responsibility.