How to approve PCT international application
The review and approval process of its international application includes two stages: international phase and national phase:
1. International stage
The international phase is the first stage of the international application approval process. It includes mandatory procedures such as acceptance of international applications, formal examination, international search and international publication, as well as optional international preliminary examination procedures.
An international application submitted to the China Patent Office by a Chinese individual or unit In the international stage of application, except for international publication, which is uniformly conducted by the International Bureau of the World Intellectual Property Organization, other procedures are conducted in the Chinese Patent Office.
International search refers to the Chinese Patent Office in accordance with the provisions of the treaty Search the international application subject, find relevant literature and indicate its degree of relevance. Usually the Chinese Patent Office issues an international search report starting from the international filing date.
International preliminary examination means that the Chinese Patent Office Request an examination of the international application and provide a preliminary, non-binding opinion on whether the claimed invention appears to be novel, inventive and industrially applicable. Normally, the Chinese Patent Office will issue an international preliminary examination report from the date of receipt of the international preliminary examination request.
Second, national stage
The national phase is the second stage of the international application approval process. The national phase takes place in the Patent Office of the country in which the applicant wishes to obtain patent rights (called a designated or elected office). It includes the procedures for entering the national phase and the approval procedures at each designated or elected Office.
Not in the international phase as of the priority date For an international application requesting international preliminary examination, the time limit for entering the national phase (designated Office) is from the priority date. For an international application requesting international preliminary examination, the time limit for entering the national phase (designated Office) is from the priority date. rise.
The main procedures for international applications to enter the national phase are based on each country Provides for the submission of translations of international application documents and the payment of prescribed national fees.
After the international application enters the national phase, the patent offices of each country will examine it according to their patent regulations and decide whether to grant a patent. Right.
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