What is PCT patent application and why choose PCT to apply for foreign-related patents
From As can be seen from the name, the Patent Cooperation Treaty is an international cooperation treaty in the field of patents. Since the adoption of the Paris Convention, it is considered the most meaningful sign of progress for international cooperation in this field. However, it is primarily a treaty concerning cooperation and reasonableness in the filing, search and examination of patent applications and the dissemination of technical information contained therein. The PCT does not "grant international patents": the task and responsibility for granting patents remains only in the hands of the patent offices of the respective countries seeking patent protection or the institutions exercising their powers (designated offices). The PCT does not compete with the Paris Convention but rather complements it. Indeed, it is a special agreement under the Paris Convention open only to Paris Convention members.
Why use PCT to apply for foreign-related patents
The main purpose of the PCT is to simplify the previously established method of applying for invention patent protection in several countries and make it more effective and economical. It also benefits users of the patent system and patent offices responsible for administering the system.
Before the introduction of the PCT system, the only way to protect an invention in several countries was to submit separate applications to each country; since each of these applications had to be processed separately, Therefore, the application and review are repeated for each country. In order to achieve its due purpose, the PCT proposes:
-Establishing an international system so that one patent office (receiving office) can use one language to A patent application (international application) filed is valid in every PCT member state in which the applicant files (specifies) the application;
—can be filed by one The patent office, i.e. the receiving office, conducts formal examination of the international application;
—Conduct an international search for the international application and issue a search report describing the relevant prior art (published patent documents related to past inventions), This report can be referred to when deciding whether the invention is patentable; the search report should first be sent to the applicant and then published;
——For international applications and their The relevant international search report shall be published uniformly internationally and transmitted to the designated Office.
—Provides the option of conducting an international preliminary examination of the international application for the patent office to decide whether to grant patent rights, and provides the applicant with a document containing the requested protection Report on whether the invention satisfies international standards for patentability.
It is often called the "international phase" of the PCT procedure, while the "national phase" refers to the final part of the patent-granting procedure, which is specified in the international application The national offices of a country or institutions acting on their behalf to perform the functions of national offices are collectively referred to as designated offices. The international application, international search, and international publication are stipulated in Chapter I; the international preliminary examination is stipulated in Chapter II. (In the PCT terminology, the terms "national" office, "national" stage, or "national" fees also refer to relevant procedures at regional patent offices).
In most countries, patent offices have been grappling with how to better allocate resources so that the patent system can maximize its use within available human resources. s return. In a country with a certain level of economic growth and technological advancement, the national office faces an increase in patent applications. In this case, if the country is a PCT member, the PCT system can help it better handle the increase in workload. According to the PCT system, when the international application reaches the national Office, it has already been formally examined by the receiving Office. The Searching Authority conducts and, in the vast majority of cases, the International Preliminary Examining Authority conducts the possible examination. This will help the National Patent Office use existing resources (including human resources) to process more patent applications, because the international phase has gone through unified procedures, thus simplifying the national phase processing procedures.
Other purposes of the PCT are to promote and accelerate the use of technical information related to inventions by industry and other relevant sectors and to help developing countries obtain these technologies.
Based on the above introduction, the PCT is beneficial to the users of the patent system and the patent office responsible for exercising management powers over the system. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of why the PCT method is used to apply for foreign-related patents. If you are still concerned aboutFor legal issues in this area, please consult the lawyers on the Legal Savior Network, who will provide you with professional answers.
