What are the ways to apply for overseas patents?
There are three main ways to apply for overseas patents: the Patent Cooperation Treaty (PCT) route, the Paris Convention route, and the ordinary country direct application route.
The Patent Cooperation Treaty (PCT) pathway - Applicants only need to submit one PCT international patent application to simultaneously request patent protection for their inventions in multiple member countries. The granting of patent rights is the responsibility of national or regional patent offices (PCT national phase).
The Paris Convention pathway - Applicants can directly apply to the patent authorities of other Paris Convention member countries (currently 167 countries) within 12 months (invention or utility model)/6 months (design) after filing their first national patent application, and claim priority.
Direct application channels for ordinary countries - If the applicant wishes to apply for a patent in a country or region outside of the Paris Convention or PCT member states, it can be processed in accordance with the intellectual property agreement or reciprocity principle signed between China and that country or region.
When applying for overseas patents through the Paris Convention and direct application channels in ordinary countries, it is important to first undergo a national confidentiality examination.
For a detailed introduction and comparison of the three patent application channels, please refer to the Practical Guidelines for Overseas Patent Application Strategies.
PCT application
Application Characteristics
1. Simplified the procedures for filing applications, making them simpler and faster, providing applicants with a more convenient way to apply for patents abroad;
2. Delay decision time: When filing a general patent application with a foreign country, the patent applicant must submit the patent application to the patent office of each country within twelve months after the date of initial submission. Through PCT patent application, international patent application procedures can be processed to enter each country within thirty months after the initial submission of the patent application.
3. Accurate investment of funds: Due to the ability to delay decision-making time, funds entering the national phase can be accurately invested;
4. Improving application documents: Through the PCT international application procedure, there are two opportunities to modify PCT international application documents, achieving the effect of improving patent application documents;
5. Obtain PCT international search report and written opinion, and preliminarily evaluate the novelty and inventiveness of the patent application.
Application materials
Submit PCT application materials: 1 power of attorney; 2. Name or title, address, and postal code of the patent applicant; 3. Inventor's name, address, and postal code; 4 Chinese application acceptance letter; 5 Application documents (including specification, claims, abstract, and drawings)
paris convention
Usage process
1、 Submit a patent application to the Chinese Intellectual Property Office for an invention or creation, and the Chinese filing date of the application is the priority date.
2、 Within 12 months (invention, utility model) or 6 months (design) from the priority date mentioned above, the patent agent shall submit a separate patent application for the invention or creation to each of the other countries where the applicant expects protection. These countries shall then examine the invention or creation in accordance with their respective laws and grant patent rights or reject the application. If the deadline of 12 or 6 months is exceeded, the patent loses its novelty and cannot be applied for abroad again.
Single country registration:
Single country patent application refers to Chinese applicants directly applying for patents in a foreign country or region, and must entrust an agency with foreign-related patent agency qualifications to handle it. According to the relevant laws of different countries, the procedures for applying for a patent, the required documents, the application fees, and the approval procedures, types of patent protection, and duration also vary. However, the vast majority of the materials required by the applicant, including the power of attorney, power of attorney contract, and transfer contract, are provided in the format provided by the agency and can be signed by the applicant. Single country application is a common application method, with shorter application and examination time compared to other methods.