- Knowledge
1、 How to submit an international application?
(1) Prepare documents
1. File type
(1) Necessary documents
① Request letter
(Website: China National Intellectual Property Administration homepage>title and column>PCT and column)
② Application documents
instructions
claims
Abstract - Post submission does not affect the international filing date
Supplementary drawings (when applicable) - Late submission may result in a delay in the international filing date
Sequence table (as part of the instruction manual, when applicable)
Microbial preservation (when applicable)
(2) Other necessary documents
① The power of attorney (general committee, separate delegation) can be submitted later
② Priority files can be submitted later
③ Electronic format sequence table
As part of the international application with paper documents, subsequent submission does not affect the filing date;
For search purposes only - can be submitted later, involving fees.
2. Formal requirements
Number of copies: Only one copy of each type of document needs to be submitted
• Paper: A4, single-sided, typed or printed, clear, meets publication requirements
• File sequence: Request - Description - Claims - Abstract - Illustrations - Sequence Table - Power of Attorney
3. Request letter
• Download standard forms
China National Intellectual Property Administration Home>Title and Column>PCT and Column
• Format: Word, PDF
• Content: PCT/RO/101 form (including supplementary columns, continuation pages, explanation of request form, cost calculation page, explanation of cost calculation page)
• Read the instructions for filling out the form
• Fill out the form
• Use supplementary columns as appropriate. If not used, the request does not include supplementary pages
• Continuation of column VII: Utilization of prior search and classification results
Declaration in Column VIII (refer to the wording in the filling instructions)
Refer to the wording in the instructions for filling out the form
4. Application documents
• File order:
Description, Claims, Abstract, Attached Figures, Sequence Table
• Sequential pagination
• Drawing page, examples: 1/4, 2/4, 3/4, 4/4
(2) Submit documents
be careful:
1. The agency does not accept PCT international applications
2. The date on which the documents are received by the Li Bureau shall be used as the submission date
(3) Payment of fees
1. Must pay
International application fee
search fee
Note: Starting from August 1st, 2018, the transmission fee will be suspended.
2. Possible fees to be paid
Priority document production fee
Additional fee for application documents
3. Fee reduction rules
① Electronic submission fee reduction
Attention: Starting from March 1, 2020, we will officially cease accepting PCT international applications for the production and submission of PCTSAFE client software.
② Cost reduction generated by the applicant's attributes
Attention: It can be applied automatically if it meets the requirements, and there is no need to request a fee reduction.
Apply the fee reduction caused by the submission method first, and then execute the fee reduction generated by the applicant's attributes.
4. Payment in RMB
The Swiss franc portion is converted based on the exchange rate of the month in which the application is submitted
Exchange rate rules can be found in PCT and columns
5. Payment method
Face to face (cash, credit card, WeChat, Alipay)
bank transfer
Online payment (only available to electronic application website users)
Authorized deduction
2、 Correction requested by the examiner of the acceptance bureau
(1) Functions of the Acceptance Bureau
(2) The situation where the examiner of the acceptance bureau requests correction
1. Common related notices
2. Reply to the examiner
Reply within the deadline (note the deadline specified in the notification)
documentation requirement
Letter (without standard form) correction documents/replacement pages
3. Reply to and confirm the notice related to the application date (107)
4. Reply to Priority Defect Notification
110 Correction/Restoration Priority Claim
A 1. No prior application date specified, exceeding 12 months, no prior application number specified, no country specified, etc
2. The priority document does not indicate inconsistency in the request letter
Priority Restoration Matters for 12-14 Months B
Notify the applicant of the validity of the corrected/added priority rights in response to the 111 notification
158 Refusal to restore and/or submit statements or evidence
Reason: Deadline, restoration criteria, evidence, cost, etc
Notification 159 informs the applicant whether priority should be restored or not
5. Defects in response format and other notifications
Defects in 106 international applications
Authorization letter, signature in the request letter, applicant's name, language in the request letter/drawings/abstract, invention name, abstract, etc
Paper, page numbering, file number, text quality, etc. for B request/specification/claims/abstract
Paper and quality of attached image C
156. Regarding the correction of defects in the declaration and maintaining consistency with the previous declaration format
132 form defect, when there are no other applicable forms
3、 Common proactive modifications/corrections
1. Main rectification of defects related to uncertain application date (application date may change)
2. Main correction of certain forms of defects (R.26)
Overcoming defects such as non submission of power of attorney, inconsistent invention names, and non submission of abstracts
3. Declaration (using standard forms)
4. Correction/addition, restoration of priority
5. Change of bibliographic data (the change result shall be subject to Table 306 of the International Bureau)
6. Obvious Error Correction (R.91)
7. Withdrawal (international application, designation, priority)
8. Modifications during the preliminary review stage
Prerequisite: Propose preliminary review requirements
How to submit initial review requirements
Fill out the form: PCT/IPEA/401 form (download: PCT and column)
Submission deadline: 3 months from the date of transmitting ISR and written opinions to the applicant, and 22 months from the delayed priority date
Cost: Handling fee CHF200, review fee CNY1500
Report completion deadline: 28 months from the priority date or 6 months after the initiation of the review
9. Modifications during the preliminary review stage
Source: Public lecture learning platform of China National Intellectual Property Administration
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