What are the approval procedures for the introduction of foreign patented technology?

Updated on technology 2024-02-25
9 answers
  1. Anonymous users2024-02-06

    If you know exactly the country you want to apply for, and there are not many countries you want to apply for, you can apply directly to save money. If you are not sure which country the product is good to sell in, it is best to apply through the PCT route. Intellectual property rights through the "How to apply for a foreign patent?"

    In this article, how to apply for a foreign patent in detail, and what are the corresponding ways?

    The first is the more traditional approach, the Paris Convention route, where the applicant should file the application with the patent offices of several Paris Convention member states within 12 months from the priority date and pay the corresponding fees. With this route, applicants may not have enough time to prepare documents and raise fees.

    The second is the PCT route: the applicant files a PCT international application in Chinese or English directly with the CNIPA within 12 months from the priority date, and the international filing date is determined, and the application has the effect of a regular national application in all PCT member states.

    Benefits of filing a foreign patent through PCT:

    1. The applicant can apply in Chinese;

    2. The applicant may file an application with the Chinese Patent Office to request patent protection from a foreign country;

    3. The applicant only needs to submit a set of application documents to the Chinese Patent Office in Chinese (or English) to determine the filing date of the application, and it will be deemed to be an application filed in each designated country on the same day;

    4. Before entering the national phase of each country, the applicant has obtained the international search report and the international preliminary examination report, through which the applicant can preliminarily judge the prospect of the application being granted a patent in the patent office of each country, so as to decide whether it is necessary to continue the national phase;

    5. The time for entering the national phase has been postponed, so that the applicant can decide whether it is necessary to enter the intended designated country according to the market prospects and technological progress. The postponement of national phase entry generally does not affect the timing of the grant of patent rights.

    Through the PCT route, i.e. filing an international application with WIPO, and then, within 30 months, entering the country where the application is to be filed through the PCT. The PCT patent application is a route that allows access to more countries and more comprehensive protection of patents.

    The above is "What are the ways to apply for foreign patents?" For more information about foreign patent applications, please visit Intellectual Property, to provide you with information and free tools on intellectual property rights such as trademark registration, free trademark search, patent application, patent free search, copyright registration and protection, high-tech company identification, etc.!

    Foreign patent application, PCT patent application, patent application process.

  2. Anonymous users2024-02-05

    1) First file a national patent application with the Chinese Patent Office, and then file an international application within the 12-month priority period: (2) File an international application directly with the Chinese Patent Office and designate China in the international application. The filing of an international application shall be entrusted to a foreign-related patent institution designated by the Chinese Patent Office, and the Chinese Patent Office will not accept the applicant to submit the international application directly.

    Article 17 of the Provisions on the Implementation of International Copyright Treaties Foreign works that have not yet entered the public domain in the country of origin on the date of entry into force of the international copyright treaty in China shall be protected in accordance with the Copyright Law and the term of protection stipulated in these Provisions until the expiration of the period. The provisions of the preceding paragraph do not apply to the use of foreign works that occurred before the effective date of the international copyright treaty in China. If a Chinese citizen or legal person owns and uses a specific copy of a foreign work for a specific purpose before the effective date of the international copyright treaty in China, he or she may continue to use the copy of the work without liability; However, the copy shall not be copied and used in any way that unreasonably damages the legitimate rights and interests of the copyright owner of the work.

    The provisions of the preceding three paragraphs shall be implemented in accordance with the provisions of the bilateral agreements on copyright signed between China and the countries concerned.

  3. Anonymous users2024-02-04

    Ways to apply for a foreign patent: (1) Filing an application directly in a foreign country under the Paris Convention. (2) Apply for a patent under the Patent Cooperation Treaty (PCT).

    International patents, apply for international patents.

    Publication period of the application in China: The application in China shall be published within 18 months from the filing date. If an applicant intends to file an application abroad after one year from the filing date, he or she may file an application in another country as long as the earlier application has not been published, even if he or she loses his right of priority.

    In the process of applying for a patent, you need to prepare the following documents:

    2. Name and address of the inventor (in Chinese and English);

    3. Name and address of the applicant (in Chinese and English);

    4. The country of application and the type of patent to be applied for;

    5. Existing technical data.

    Legal basis: Article 4 of the Provisions of the Chinese Patent Office on the Implementation of the Patent Cooperation Treaty.

    As the receiving office of international applications, the Patent Office is responsible for receiving international applications filed by Chinese nationals, or foreigners, foreign enterprises or other foreign organizations who have their habitual residence or business offices in China, and inspecting and processing the international applications in accordance with the provisions of the Treaty, the Treaty Implementation Rules and the Treaty Administrative Instructions.

    In accordance with bilateral provisions signed between China and other Treaty Contracting States, the Patent Office may also accept international applications filed by nationals or residents of that Contracting State.

    For more information about applying for patents, please go to Gaowo Consulting. Gaowo has a professional team composed of lawyers, patent owners, trademark owners, copyright owners, and intellectual property consultants, who are proficient in intellectual property legal services, have profound legal literacy, and rich practical experience in handling cases. Most of Gaowo's lawyers have more than 10 years of experience in intellectual property practice, and some of them have dual qualifications as lawyers and patent holders.

  4. Anonymous users2024-02-03

    At present, there are generally two ways for Chinese applicants to apply for special training banquets abroad:

    1. The Paris Convention route, the Paris Convention route, refers to the way to use the patent application filed in one country as the priority right to directly file a patent application in the country where the patent is granted in accordance with the priority stipulated in the Paris Convention.

    2. PCT international patent application route, referred to as PCT application through PCT route. There are two definitions of an international application under the PCT, both broad and narrow. An international application under the PCT in the narrow sense refers to the act of filing an international application with the International Bureau in accordance with the procedures laid down in the PCT Treaty (international phase).

    A PCT international application with a broad preamble includes not only the international phase, but also the stage at which a national patent is requested from a PCT Member State on the basis of the text of the application (national phase).

    The advantages and disadvantages of the two are more auspicious:

    1. Time: Compared with the Paris Convention, it takes much longer for PCT international applications to go through the relevant procedures for patent applications in specific countries. There are pros and cons to a long period of time, depending on the specific situation of the business.

    2. Fees: Compared with the Paris Convention, the PCT international application route needs to pay more"PCT International Applications"Fees for the international phase.

  5. Anonymous users2024-02-02

    There are two main ways to apply for patents overseas, the Paris Convention route and the Patent Cooperation Treaty route. Here is a detailed explanation of what materials are needed for these two approaches, what are the processes, and what are the advantages and disadvantages.

    The first way is to file an application directly with the patent office of a Paris Convention member country, in accordance with the provisions of the Paris Convention. The full name of the Paris Convention is the Paris Convention for the Protection of Industrial Property, which has been signed for more than 140 years and is mainly to protect the industrial property rights of member countries. At present, there are more than 200 member countries of the Paris Convention, and China is one of them.

    The advantages of the Paris Convention are that it has priority and the speed of the grant is very fast, but the authorized material needs to be translated in multiple languages. Since China is a member of the country, it can directly submit the materials to the intellectual property office of China, prepare the language materials of multiple countries, claim priority based on the patent application of China, and file a patent application with other countries.

    The second way is to follow the requirements of the Patent Cooperation Treaty, which is an international cooperation treaty, which was officially implemented on June 1, 1978, and currently has more than 200 member states, and the main management body is the World Intellectual Property Organization. Because China is also one of them, it can directly file applications in Chinese and English with China's intellectual property office, and generally can file applications with the national patent office of the Contracting State of which the applicant is a national or resident; An application may also be filed with the International Bureau, at the option of the applicant. The advantage of the PCT is that the applicant only needs to file a national application, and there is no need to translate the application into many languages and submit it to many countries for examination as is the case with the Paris Convention, and the examination speed is faster than that of the Paris Convention.

    Regardless of which method is used, the materials need to be submitted to the China National Intellectual Property Administration.

  6. Anonymous users2024-02-01

    Overseas patent application: Paris Convention, (PCT), direct application. Applicants can apply to the Paris Convention entente after filing their national patent application for the first time.

    After the approval of the confidentiality seal of the State Intellectual Property Office of China, the applicant can directly file a patent application with the country where the patent is to be obtained.

  7. Anonymous users2024-01-31

    Generally speaking, it is possible to apply for a patent by directly filing an application with some foreign patent offices and finally waiting for the result, or filing an application for a patent in China first, and finally filing an application abroad within one year, and finally being able to determine the result.

  8. Anonymous users2024-01-30

    You can apply through relevant channels, in an enterprise, through PCT, according to the national patent application, or some other procedures, etc.

  9. Anonymous users2024-01-29

    1.Submit an application in China first, and then have the right to submit an application to a foreign company after one year. 2.

    Submit a special application directly abroad. 3.Submit the information directly to the Chinese Patent Office to file the application in China first, and then give priority to the PCT after one year.

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