What is the documentation of a PCT patent application

To put it simply, literature in the field of patents generally refers to patent documents.

"Patent documents" generally refer to the patent application documents and the granted patent documents published by the intellectual property offices of various countries in accordance with legal procedures.

Application for International Madrid Registration.

1. Application process:

The National Trademark Office submits the application materials to the International Bureau (International Madrid Organization) about 3 months after acceptance, and the International Bureau announces about 3 months after acceptance, and issues the international registration certificate after the end of the publication period (3 months), and sends a notice of application publication to the designated country (EU, Japan), and the designated country (EU, Japan) enters the examination after receiving the notice, and the examination period is about 6 months, and the national certificate is issued when there is no objection after the examination.

In addition, according to the provisions of the International Madrid Treaty, if the designated country does not respond from the date of notification of publication of the application from the International Bureau to the designated country within 12 months from the date of notification of the publication of the application, the application is acquiesced in the protection of the application and the certificate is valid.

The total process is about 12-18 months to obtain a valid certificate.

2. Provide the required information for the application:

1. A copy of the stamped business license (copy), one for one trademark;

2. 6 copies of the exact drawings of the trademark to be registered;

3. Affix the official seal on the power of attorney;

4. A copy of the notice of acceptance of the domestic trademark application or a copy of the trademark certificate.

III. Application Fee:

Switzerland: 8,953 RMB (three categories); United States: 11,000 RMB (one category);

Japan: 13,000 RMB (one category); France: 8,953 RMB (three categories).

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Literature refers to similar patents that have reference value in the international search.

Legal analysis: PCT patent application means that the applicant can file an international patent application through the PCT route and apply for a patent in multiple countries.

It should be noted that patent applicants can only apply for patents through the PCT, and cannot obtain a patent directly through the PCT.

In order to obtain a patent in a certain country, the patent applicant must also go through the procedures for entering the country, and the patent office of that country examines the patent application, and the patent right is granted in accordance with the provisions of the patent law of that country.

The characteristics of a PCT patent application are as follows:

1. The application procedures are simplified, which is simpler and faster, and provides a more convenient way for applicants to apply for patents in foreign countries;

2. When postponing the decision-making time, when filing an ordinary patent application in a foreign country, the patent applicant must file the patent application with the patent office of each country within 12 months after the date of the first filing of the patent application. With a PCT patent application, it is possible to enter each country within 30 months from the date of the first filing of the patent application.

3. Accurately invest funds, because the decision-making time can be postponed, so the funds can be accurately invested in entering the national phase;

4. Improve the application documents, through the PCT international application procedure, you can have two opportunities to revise the PCT international application documents, so as to achieve the effect of improving the patent application documents;

5. Obtain the PCT international search report and written opinion, and preliminarily evaluate the novelty and inventiveness of the patent application.

Legal basis: Patent Law of the People's Republic of China

Article 3 The patent administration department shall be responsible for the management of patent work nationwide; Uniformly accept and examine patent applications, and grant patent rights in accordance with the law.

The departments of provinces, autonomous regions and municipalities directly under the Central Government in charge of patent work shall be responsible for the administration of patents within their respective administrative regions.

Legal Analysis: PCT is the English abbreviation of Patent Cooperation Treaty, which is an international treaty on patents. According to the provisions of the PCT, patent applicants can file international patent applications through the PCT route and apply for patents in multiple countries.

Legal basis: Article 1 of the Patent Cooperation Treaty The countries that are parties to this Treaty (hereinafter referred to as the Contracting States) shall form a Union to cooperate in the filing, search and examination of applications for the protection of inventions and to provide special technical services. The Union is known as the International Patent Cooperation Union.

Nothing in this Treaty shall be construed as prejudice to the rights of any national or resident of a State Party to the Paris Convention for the Protection of Industrial Property under that Convention.

Patent Law of the People's Republic of China Article 2 The term "invention-creation" as used in this Law refers to inventions, utility models and designs with an early appearance.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

1. By filing only one international patent application, one can apply for a patent in multiple countries, instead of filing a separate patent application for each country, which provides convenience for patent applicants to apply for patents in foreign countries.

2. When a general patent application is filed in a foreign country, the patent applicant must file the patent application with the patent office of each country within 12 months after the date of the first filing of the patent application. And through.

Under the PCT, patent applicants can enter an international patent application in each country within twenty months of the initial filing of the patent application; If an international preliminary examination is requested, the entry of the international patent application into each country can be carried out within thirty months from the date of the first filing of the patent application. This lengthens the time it takes to enter the national phase. This time allows the patent applicant to investigate the market, the commercial prospects for the invention, and other factors, and decide whether to proceed with the foreign patent application before spending a significant amount of money to enter the national phase.

If, after investigation, it is decided not to apply for a patent in a foreign country, it is possible to save costs.

3. An international patent application shall be subject to an international search by the International Searching Authority to obtain a high-quality international search report. The international search report provides one or more prior art documents, so that the patent applicant can not only understand the status of the prior art, but also preliminarily determine whether the invention has the prospect of granting a patent. If the international application has undergone international preliminary examination, the patent applicant may also obtain a copy of the international preliminary examination report of a high standard issued by the International Preliminary Examining Authority.

If the international preliminary examination report indicates that the invention does not have novelty, inventive step and industrial applicability, the patent applicant may consider not entering the national phase in order to save costs; If the international preliminary examination report shows that the invention is novel. Inventive step and industrial applicability, the patent applicant is likely to get a strong patent and thus be considered for national phase entry.

Fourth, the payment of patent application fees is simplified by the payment of patent application fees only to the receiving Office and not to the patent offices of all countries claiming patent protection.

5. In some countries, the national fees for international patent applications are lower than for ordinary applications.

6. The language of the international patent application may be Chinese, English, French, German, Japanese, Russian, Spanish, etc. Chinese applicants can file international patent applications in Chinese and English, which makes it easier for foreign-funded enterprises in China to apply for patents. One has to be handled separately, so the application and examination of each country have to be repeated, which is relatively cumbersome.