What are the international patent application fees
Application fee, publication printing fee, and grace fee if necessary.
Approval procedures for international applications
The review and approval process for international applications includes international stages and national Stage two stages.
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. Normally, the Chinese Patent Office will issue an international preliminary examination report from the date of receipt of the international preliminary examination request.
2. National stage
The national stage is The second stage of the international application approval process. The national phase is conducted in the patent office of the country where the applicant hopes to obtain patent rights (called the designated office or elected office). It includes the procedures for entering the national phase and the registration at each designated office or The examination and approval process carried out by the selected office. After the international application enters the national phase, the patent office of each country will examine it according to its patent regulations and decide whether to grant the patent right.
"Patent Law Implementing Rules" No. 1 Article 103 The applicant for an international application shall, within 30 months from the priority date referred to in Article 2 of the Patent Cooperation Treaty (referred to as the priority date in this chapter), go through the procedures for entering the Chinese national phase with the patent administration department of the State Council; the application If the person fails to complete the procedures within this period, after paying the grace fee, he can complete the procedures for entering the Chinese national phase within 32 months from the priority date.
Article 104 The applicant shall apply for entry into the Chinese national phase in accordance with the provisions of Article 103 of these Rules For formalities, the following requirements shall be met:
(1) Submit a written declaration of entering the Chinese national phase in Chinese, indicating the international application number and the type of patent rights requested;
(2) Pay the application fee and publication printing fee specified in Paragraph 1 of Article 93 of these Rules, and pay the grace specified in Article 103 of these Rules if necessary fee;
(3) If the international application is filed in a foreign language, submit the Chinese translation of the description and claims of the original international application;
(4) In the written statement entering the Chinese national phase, state the name of the invention, the name of the applicant, the address and the name of the inventor. Name, the above content should be consistent with the records of the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau); if the inventor is not named in the international application, the name of the inventor shall be stated in the above statement;
(5) If the international application is filed in a foreign language, a Chinese translation of the abstract must be submitted, with an attachment If the drawings and abstract are attached, a copy of the drawings and a copy of the abstract should be submitted. If there is text in the drawing, replace it with the corresponding Chinese text; if the international application is filed in Chinese, submit the abstract and abstract attached to the internationally published document. Copy of picture;
(6) To the international community at the international stage If the bureau has gone through the applicant change procedures, it shall provide proof that the changed applicant has the right to apply;
(7) Pay the application surcharge specified in paragraph 1 of Article 93 of these Rules when necessary.
If the requirements of items (1) to (3) of paragraph 1 of this article are met, the patent administration department of the State Council shall issue an application number, Clarify the date when the international application enters the Chinese national phase (hereinafter referred to as the entry date), and inform the applicant that the international application has entered the Chinese national phase.
International applications have entered China’s national levelparagraph, but does not meet the requirements of Items (4) to (7) of Paragraph 1 of this Article, the Patent Administration Department of the State Council shall notify the applicant to make corrections within the specified time limit; if no corrections are made within the specified period, the application shall be deemed to have been withdrawn.
Hua Lu editor reminds you that when entering various countries Before the national phase, the applicant has obtained the international search report and the international preliminary examination report. Through these two reports, the applicant can preliminarily judge the prospect of the application being granted patent rights in the patent offices of various countries, and thus decide whether it is necessary to continue the national phase. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.
