TIPS: PCT and the Paris Convention into the national phase of the difference and description.

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Release time:2020-08-04

Recently, many inventors and applicants have received inquiries about the differences and differences between PCT or Paris Convention in international applications entering the national phase. Wayne International has accumulated valuable experience in the practical operation of applications in the national phase. Here, we share it with you. I hope you will take fewer detours when entering the national phase, save valuable funds and get the certificate of authorization as soon as possible! 

 

Difference

PCTPathway (to the national phase)

Paris Convention route to apply abroad

Application Type

Invention, utility model

Invention, Utility Model, Appearance

Application document modification

Except for the United States; other countries cannot directly modify the application documents, andCannot be modified out of range. Therefore, it is best to complete the revision in the international phase, and the cost of entering the national phase will be relatively high, especially when there are many countries, each country will revise and incur multiple costs.

Can directly modify the Chinese, before applying abroadCan be modified beyond range

Translation

other than the United States;Translated documents need to be faithful to the original. Even if there are errors in the documents of the international phase of the PCT, the translation must be in accordance with the wrong translation.If you need to modify, you need to make active corrections, that is, submit the active modification.

Direct translation of the modified Chinese

Submit Application

GeneralNo need to file a copy of priority

GeneralNeed to submit priority copy

Active correction

  1. 1.    The active correction operation process is as follows:

  2. a)    Revise the application documents, keep the revision traces, sort out the translation with revision traces according to the original PCT translation, and revise the clean version.

  3. b)    State which parts have been modified and why such modifications do not exceed the scope and meet the legal requirements.

  4. c)    Submit statement and correction documents.

  5. 2.    According to the above, active correction will incur 2 parts of fees, 1 is the translation fee of the revised part of the text, 2 is the lawyer's statement and submission fee.

  6. 3.    Proactive correction may avoid the direct authorization of the review opinion, not absolutely, but it will definitely incur costs.

Therefore, we can also choose to revise it together when we issue the review opinions, and do not make active corrections first.

After the application, I want to revise it again. I can only make active corrections. The process is the same as PCT. andCannot be modified out of range, must be amended within the scope of the application documents submitted to the country.Therefore, it is best to modify the application in one step.

PPHAccelerated Review Approach

2One is based on an invention patent authorized by China and the other is based on a written opinion or preliminary examination report of the PCT International Search Authority.

Based on Chinese authorized invention patents

When the authorizable claim does not correspond to the claim submitted by the State, it is necessary to propose an active correction, resulting in the cost of active correction.

Generally no such problem

Application Date

toPCTThe date of application shall be the date of application,

Application country day is the application day

Duration of protection

FromPCTStarting from the application date

Counting from the date of national application

Annual Fee

Generally fromPCTStarting from the application date

Generally from the national application date

Some countries are required to pay an annual fee to maintain the patent before authorization, which will result in legal fees for monitoring and submitting annual fees. PCT is generally paid in advance. For example, the maintenance annual fee will be paid in the third year of Europe. When PCT may enter, it will need to pay the annual fee for the third year.