1. Under what circumstances does an international patent application cease to be effective in China
1. If an international patent application falls under any of the following circumstances, its validity in China will be terminated:
(1) During the international stage, the international application is withdrawn or deemed is withdrawn, or the designation of China in the international application is withdrawn;
(2) The applicant fails to comply with Article 1 of these Rules within 32 months from the priority date. Article 103 stipulates that the applicant shall go through the formalities for entering the Chinese national phase;
(3) The applicant shall go through the formalities for entering the Chinese national phase, but from the priority date The requirements of Items (1) to (3) of Article 104 of these Rules are still not met at the expiration of the 32-month period.
In accordance with the provisions of item (1) of the preceding paragraph, if the validity of the international application in China is terminated, the provisions of Article 6 of these Rules shall not apply; in accordance with the preceding paragraph If the validity of the international application terminates in China under the provisions of Items (2) and (3), the provisions of Article 6, Paragraph 2 of these Rules shall not apply.
2. Legal basis: Article 105 of the "Implementing Rules of the Patent Law of the People's Republic of China"
2. How to apply for an international patent
1. Acceptance of international applications
For international applications submitted by Chinese individuals or entities to the China Patent Office, the international phase, except for international publication, will be unified by the International Bureau of the World Intellectual Property Organization. All other procedures are conducted in the Chinese Patent Office.
2. Formal review
Refers to the review of whether the application materials are complete and in compliance with the legal form. It is different from the substantive review and does not judge the creativity, novelty and practicality of the applied technology.
3. International search
International search means that the Chinese Patent Office searches the subject of the international application in accordance with the provisions of the treaty to find out the relevant documents and indicate their degree of relevance. Usually the Chinese Patent Office makes an international search report within 4 months from the international application date.
4. International publication
p>This process is the process of disclosing the patent, which is similar to the corresponding process of domestic applications. After publication, the applied project will get a public number.
5. International preliminary examination procedure
International preliminary examination is not a necessary step, it is optional. It means that the Chinese Patent Office examines the international application at the request of the applicant and makes a preliminary, non-binding opinion on whether the claimed invention appears to have novelty, creativity and industrial applicability. Usually, the Chinese Patent Office receives An international preliminary examination report shall be made within 9 months from the date of request for international preliminary examination.
According to the provisions of the "Patent Law Implementing Rules", when applying for an international patent, there are In the international phase, if the international application is withdrawn or deemed to be withdrawn, or the designation of China in the international application is withdrawn, its effectiveness in China will terminate. I hope the above content will be helpful to you, if you have other questions You can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
