1、 What is PCT?

The Patent Cooperation Treaty (PCT) is an international treaty managed by the International Bureau of the World Intellectual Property Organization, which facilitates applicants to obtain international patent protection under the Paris Convention for the Protection of Industrial Property.

The applicant can request protection for their invention in all member states simultaneously by submitting an international application in accordance with the treaty.

PCT = PATENT COOPERATION TREATY

1. General description of PCT system

① The PCT system is a patent application system rather than a patent grant system. At present, there are no "PCT international patents", only PCT international applications or PCT applications.

② The PCT system includes an international phase of cooperation and a delayed national phase.

③ The decision to grant a patent is still made by the national or regional patent office during the national phase.

④ Only inventions or utility models can be protected by PCT for patents, utility models, or similar rights

⑤ Designs and trademarks cannot be protected through PCT

2. The main purpose of PCT

① Member states form an alliance to cooperate in the filing, retrieval, and preliminary examination of applications for protection of inventions.

② Submit an application in one language to a patent office (receiving office). (International application)

③ This application has the effect of a regular national application in the designated country from the international application date.

3. The main procedures of PCT

The international application process is divided into two stages:

2、 How to utilize the PCT pathway?

（1） Submission of application

1. Requirements for submitting PCT international applications to CNIPA

2. What does the applicant need to do?

Submit application documents that meet the formal requirements

Submit necessary other documents

Pay the relevant fees within the prescribed deadline

3. Prepare documents

① Submit application documents that meet the formal requirements

② Submit necessary other documents

③ Submit application documents that meet the formal requirements

4. Submit documents

5. Preparation costs

① Types and amounts of international stage fees

② Reduction standards for international stage fees (CHF portion)

③ Calculation method for international phase expenses

④ Payment deadline for international stage fees

⑤ Payment Method to CNIPA (International Phase)

（2） The main functions of the acceptance bureau

（3） What is international search?

① The task of international search

International search agencies strive to discover relevant existing technologies and provide preliminary opinions on patentability based on the original application documents

International Search Report (210): List relevant comparative literature

Written opinion from the International Searching Authority (237): Preliminary and non binding opinion on the three natures.

② Necessary procedures

As long as the fees are paid according to regulations, the search will be initiated

③ The PCT international application accepted by CNIPA can only be searched internationally by CNIPA.

④ Deadline for report completion

Three months from the receipt of the search book or nine months from the priority date, whichever expires later

（4） What is international publication?

① 18 months from the priority date, to be promptly announced by the International Bureau

② The published content can be found on PATENTSCOPE on the International Bureau website (www.wipo. int)

③ International publication grants temporary protection to applications in designated countries

④ The international application becomes a part of the existing technology from the date of publication

⑤ If you wish to publish it in advance, you can request it from the International Bureau

If necessary, a special publication fee (CHF200) may be required

（5） What is international preliminary examination?

① The task of international preliminary examination

Obtain preliminary opinions from the international preliminary examination authority on the patentability of the modified text

Preliminary International Patent Report (409)

② Optional Programs

Initiate at the request of the applicant

The procedure will only be initiated after submitting the preliminary examination requirements and paying the fees

③ The PCT international application accepted by CNIPA can only undergo international preliminary examination by CNIPA.

④ Proposal for International Preliminary Examination

Preliminary Examination Request (401)

Deadline: Within 19 months from the priority date, and 22 months from the delayed priority date

Cost: CHF200 handling fee; Examination fee CNY 1500

⑤ Report completion deadline

28 months from the priority date or 6 months after initiating the review

（6） Opportunities for modification in the international phase

（7） Entering the national stage

1. Basic requirements for entering the national stage (general principles)

2. If we enter the Chinese national stage?

① Deadline for entering the Chinese national phase

30 months from the priority date

② Handle the procedures for entering the Chinese national phase

Submit Entry Declaration (Form 501)

pay a fee

Required payment: application fee, publication printing fee

When necessary: application for additional fees, priority claim fees, grace period fees

Submit the translation and accompanying drawings of the original application documents, and if necessary, submit the translation of the modified documents

③ Special requirements to be met when entering the Chinese national stage

Provide inventor (not provided in the international phase)

Submit proof of transfer of application rights

Submit proof of priority transfer if necessary

Proof of disclosure without loss of novelty

④ How to learn about information entering the national stage of each country?

Official website of the "Applicant Guide" (updated monthly): www.wipo.int

3、 Characteristics of PCT pathway

1. Characteristics

① A formal requirement

② International Search

③ International Publication

④ International preliminary examination (optional)

⑤ Enter the national phase within 30 months, submit the translation and pay the national fee

2. Benefits

① Simplify the procedures for submitting applications

② Delay decision time

③ Accurately invest funds

④ Improve application documents

⑤ Reduce the burden on applicants and national bureaus of member states