international patent application

PCT international patent application

         Definition 

         PCT stands for Patent Cooperation Treaty, which is an international treaty on patents.

         According to the PCT, a patent applicant can file an international patent application through the PCT route to apply for a patent in more than one country (currently 148 countries).

         Application Duration

         The filing duration for international patents is about 2-6 years.

         Stage 

         PCT patent applications go through two stages: the international stage and the domestic stage. International applications are first examined in the international phase of the procedure, and then in the national phase. The filing of a general application, international search and international preliminary examination are done at the international stage, while the granting of patent rights is done at the national stage by the International Bureau of each designated national intellectual property organization.

1. International stage：

PCT international patent application international stage. Including the international application acceptance, formality examination, international search and international publication and other mandatory procedures as well as optional international preliminary examination procedures. For international patent applications filed by Chinese individuals or units with the Chinese Patent Office, all procedures in the international phase are to be carried out at the Chinese Patent Office, except for the international publication which is carried out by the International Bureau of the World Intellectual Property Organization. After the Chinese Patent Office, as the international preliminary examination unit, examines the international application, the international preliminary examination report will be sent to the International Bureau of WIPO and forwarded by the International Bureau to the applicant, and the International Bureau will also send the international preliminary examination report to the "selected country" of the application.

2. Domestic stage:

         The procedure of entering the national phase does not happen automatically, and the applicant must be the one to initiate this phase. The applicant must complete the formalities for entering the national phase of the designated (or selected) country within 30 months (in some countries it may be 20 months) from the priority date: pay the national fee and submit a translation of the international application into the language of that country. The national law of some countries stipulates the period of entering the national phase later than 30 months (or 20 months). The deadline for entering the national phase is mandatory, even if the international preliminary examination report is not yet available. For international applications that do not request international preliminary examination within nineteen months from the priority date, the time limit for entering the national phase (designated office) is 20 months from the priority date; for international applications that request international preliminary examination within nineteen months from the priority date, the time limit for entering the national phase (designated office) is 20 months from the priority date.

         The national phase takes place in the patent office of the country where the applicant wishes to obtain patent rights. He includes the procedures for entering the national stage and the approval process in each designated bureau or selected bureau. However, once the national phase has been reached, a translation of the international application (in the official language of the country) and the payment of the required national fees are required in accordance with national regulations. The national patent offices will then examine them according to their patent regulations and decide whether to grant patent rights.

          Advantages of filing a PCT patent

1. Simplify the procedures for filing applications. Applicants can write their application documents in a language they are familiar with (Chinese or English) and submit them directly to the State Intellectual Property Office of China.

2. Ample preparation time allows for delayed decision making and accurate investment of capital. In the international phase of PCT, the applicant will receive an international search report, according to which the applicant can initially judge the prospect of granting his patent application, and then can enter one or several countries for examination in the national phase of PCT within 30 months from the priority date as needed.

3. Improve the application documents, and the applicant may amend the application documents based on the international search report and the international preliminary examination report. 

4. Improving international competitiveness. Once a patent has been granted in a designated country through a PCT application, the company can greatly improve its competitiveness in the country concerned and in addition effectively enhance its international image.