PCT Applications

Home > Practice Areas > PATENT

PCT Applications

PCT APPLICATIONS

The Patent Cooperation Treaty (in initial "PCT") was concluded in 1970 and became effective in 1978. China joined PCT and it became effective in China on January 1, 1994. The Chinese Patent Office also becomes a PCT International Receiving Office, International Search Authority as well as International Preliminary Examination Authority.

A PCT application has two phases: PCT International Phase and PCT National Phase.

1. International Phase:

(1) receiving patent application and undertake preliminary examination;

(2) International Search;

(3) International Preliminary Examination

2. National Phase: relevant PCT member states exam and decide whether the PCT application can be allowed to become a patent in its country

Main Procedures in the PCT International Phase:

I. Receiving and conduct formality examination to the patent application

Once the PCT international application is filed by the applicant, the application is deemed filed in all the member states.

The Chinese Patent Office as the PCT receiving office, when deeming that the application documents and procedures are complete, will give the international filing date. International filing date means that from this date, the PCT application in each member state has the effectiveness as a normal domestic application; this filing date is also the actual filing date of the national phase application.

PCT receiving office will conduct formality examination to the application documents, if they pass the examination, they will be sent to WIPO PCT International Bureau as well as International Search Authority respectively.

II. International Search

After filing of a PCT international application, The Chinese Patent Office as one of the International Search Authority will conduct a search for the PCT application within a stipulated time period, and make an International Search Report as well as Written Opinions. The International Search Report as well as written opinions will be sent to the applicant of the PCT application and the PCT International Bureau of WIPO.

Upon expiration of 18 months from the PCT international filing date (or priority date), the PCT International Bureau will publish the PCT international application as well as the search report made by the International Search Authority, and send a copy of the application as well as the search report to each member state patent office. The international publication will not publish the written opinions, however.

III. International Preliminary Examination

The "Patent Cooperation Treaty" stipulates that International Preliminary Examination is not compulsory, to most of the member states, it is neither a pre-condition to enter the national phase in 30 months.

The purpose of the International Preliminary Examination is to provide initial opinions with respect to the novelty, inventiveness and industrial practicability of the invention. The examination opinions are not restriction to each member state. However, the standard regulated by PCT is the current and common standard internationally, and the Examination opinions are made by one of the few International Preliminary Examination Authorities based on the International Search, they are rather reliable.

The Chinese Patent Office as International Preliminary Examination Authority, after the international preliminary examination, will send the examination report to PCT International Bureau and the International Bureau will forward it to the applicant, with a copy to each member state.

‹Return

ABOUT US

Our Team

News & Events

LIBRARY

PCT Applications

PCT Applications