What are the ways to apply for international patents
At present, there are generally two ways for Chinese applicants to apply for patents abroad:
1. The Paris Convention approach, the Paris Convention approach, refers to According to the priority stipulated in the Paris Convention, a patent application filed in a country can be used as a priority to directly submit a patent application to a country interested in obtaining patent authorization.
2. PCT international patent application route, referred to as through PCT Path application. PCT international applications have two definitions, broad and narrow. A PCT international application in a narrow sense refers to the applicant's behavior of submitting an international application to the International Bureau (international stage) in accordance with the procedures stipulated in the PCT Treaty. A broad PCT international application includes not only the international phase, but also the phase (national phase) of requesting national patent rights from PCT treaty member states based on the application text.
Comparison of the advantages and disadvantages of the two:
1. Time: Compared with the Paris Convention route, the PCT international application is more specific. It takes much longer for the country to handle the procedures related to patent applications.Long time has pros and cons, depending on the specific circumstances of the company.
2. Cost: PCT international application route compared to Paris For the Convention route, you need to pay more for the international stage of "PCT international application".
Documents that should be signed or provided when applying for a foreign patent
1. Letter of attorney
2. Letter of entrustment instruction, including the following information: applicant’s name (name) and address (Chinese and English); inventor’s name and address (Chinese and English); type of patent applied for; country of application; original application date, application date No., type of patent applied for; whether priority is required; whether a request for substantive examination is made at the same time as the application, etc.
3. Request letter and acceptance of the original Chinese patent application Notification, original patent application documents (including description, claims, drawings and abstract)
4. Existing technical information (patent documents closely related to the invention known to the applicant)contributions, scientific literature, etc.).
4. What should Chinese people pay attention to when applying for foreign patents? Matters
1. Any unit or individual will complete the project in China If an invention or utility model is applied for patent in a foreign country, it must be reported to the patent administration department of the State Council in advance for confidentiality review.
2. Chinese entities or individuals can File an international application for a patent in the relevant international treaties to which you are a party. Applicants filing international patent applications shall comply with the provisions of the preceding paragraph.
3. The Patent Administration Department of the State Council participates in accordance with the provisions of the People's Republic of China International patent applications shall be handled in accordance with relevant international treaties, this Law and relevant provisions of the State Council.
The above is what the editor of Legal Savior Network shared with you The ways to apply for an international patent, I hope it can help you who are applying for a patent.
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