How to file an international patent application, how to apply for an international patent

How to apply for an international patent, an international patent application refers to the patent applicant applying for a patent in a member state in accordance with the requirements of the PCT when the patent applicant applies for patent protection to the contracting countries of the Patent Cooperation Treaty (PCT) of the world intellectual property rights for his invention patent. How to file an international patent application? 1. Filing a patent applicationUnder normal circumstances, a Chinese individual or entity may first file a national application with the Chinese Patent Office after making an invention or creation.

Then, within the 12-month priority period, the international application is filed and priority is claimed. This gives the applicant 12 months to consider whether it is necessary to apply for a patent in a foreign country, how to file the application, and to make the necessary preparations for filing the application. 2. Preparation of application feesThe application for a patent in a foreign country requires the payment of a considerable amount of fees to the foreign patent office and the patentee, and is settled in US dollars.

According to the practice of patent** institutions, an average of US$ 4,000,500 is currently paid for a patent application per country. If you use five countries, you need to prepare about $20,000. The applicant is also required to pay the above-mentioned fees for filing an international application (but the payment can be deferred for 8 to 18 months).

In addition, there is a PCT international phase fee, which includes a transmission, search and international preliminary examination fee of approximately RMB 2,100 (RMB) levied by the Chinese Patent Office, and approximately RMB 1,150 (US dollars) of the basic, designation and handling fees imposed by the International Bureau. If the application is made by an individual in China; The fees imposed by the International Bureau could be reduced by 75 per cent. 3. Entrusting patent application to a patent institution is the trend of the new economic normal, patent application helps to protect the rights of inventors or designers, and an effective understanding of the international patent application process is an important step to obtain patent rights.

IV. Selection of the Type of Protection in the International Application Where Member States grant protection to national applications other than invention patents, they are also accorded to international applications in other forms of protection, such as utility models in certain countries, petty patents in Australia, continuing or partially continuing applications in the United States, etc. As a result, the applicant of an international application could choose different forms of protection for different designated countries as needed. V. Examination and Approval Procedures for International Patent ApplicationsThe examination and approval procedures for international applications include two stages: the international phase and the national phase.

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The process of applying for an international patent is as follows:

International patents, apply for international patents.

1.Submit an application; 2.international search; 3.international publication; 4.supplementary international search; After making an invention, a Chinese individual or entity may first file a national application with the Chinese Patent Office.

Then, within the 12-month priority period, the international application is filed and priority is claimed. The applicant has 12 months to consider whether it is necessary to apply for a patent in a foreign country, how to file the application, and to make the necessary preparations for filing the application.

According to the relevant provisions, a Chinese individual or entity can also file an international application directly after making an invention-creation. However, the foreign country must be designated in the application as well as China.

An international patent application is a patent application filed by an applicant with the patent authority of a Contracting State in accordance with the prescribed procedures when an applicant obtains patent protection for an invention in a Patent Cooperation Treaty (PCT) Contracting State.

How to apply for an international patent can also be found in Gaowo. Gaowo has had close ties with the World Intellectual Property Organization (WIPO) since its inception. He is currently a member of the International Association for the Protection of Intellectual Property (AIPPI), a member of the International Trademark Association (INTA), and a member of the China Intellectual Property Research Association (CIPS).

Legal Analysis: If a Chinese entity or individual files an international application, it can apply through the following two ways:

1) Apply at the Patent Office of the State Intellectual Property Office, and then apply for priority abroad within 1 year. (The country has a priority agreement with China).

2) Apply directly through PCT at the Patent Office of the State Intellectual Property Office.

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

Article 18 Where a foreigner, foreign enterprise or other foreign organization that does not have a habitual residence or business office in China applies for a patent in China, it shall be handled in accordance with this Law in accordance with the agreement signed between the country to which it belongs and China or the international treaty to which it is a party, or in accordance with the principle of reciprocity.

Rule 19 Where a foreigner, a foreign enterprise or other foreign organization that does not have a habitual residence or business office in China applies for a patent and handles other patent affairs in China, it shall entrust the patent institution designated by the patent administration department to handle the application. If a Chinese entity or individual person applies for a patent or handles other patent affairs in China, it may entrust a patent agency to handle it. The patent institution shall comply with laws and administrative regulations, and handle the patent application or other patent affairs in accordance with the entrustment of the respondent; The content of the invention and creation of the person subject to the ** shall be kept confidential except for the patent application that has been published or announced.

The specific management measures of the patent ** institution shall be stipulated by ***.

Legal analysis: The process of applying for an international patent is as follows: 1. Submit an application; 2. International search; 3. International publication; 4. Supplementary international search; 5. International preliminary examination; Huiyu 6, national phase.

Legal basis: Article 20 of the Patent Law of the People's Republic of China for an invention or utility model completed in Zhongzhou shall be reported to the patent administration department for confidentiality review in advance if any unit or individual applies for a patent for an invention or utility model completed in Zhongzhou.

Legal Analysis: The process of applying for an international patent is as follows: filing an application; international search; international publication; supplementary international search; International Preliminary Examination; National phase.

Legal basis: Article 20 of the Patent Law of the People's Republic of China Any unit or individual who applies for a patent for an invention or utility model completed in China to a foreign country shall report to the patent administration department for confidentiality review in advance. The procedures and deadlines for confidentiality review shall be implemented in accordance with the provisions of ***.

A Chinese entity or individual may file an international patent application in accordance with the relevant Treaty of the People's Republic of China. Where an applicant files an international patent application, it shall comply with the provisions of the preceding paragraph. The patent administration department shall handle international patent applications in accordance with the relevant international treaties to which the People's Republic of China is a party, this Law and the relevant provisions of the People's Republic of China.

A patent shall not be granted to a person who applies for a patent in a foreign country in violation of the provisions of the first paragraph of this Article and applies for a patent in China.

1. How to apply for an international patent Step 1: Submit an application The applicant submits an international application that satisfies the PCT formal requirements in one language and pays a set of fees. Step 2:

International Search The International Searching Authority (ISA) (one of the world's leading patent offices) examines the public documents that may affect the patentability of the invention and gives an opinion on the patentability of the invention. Step 3: INTERNATIONAL PUBLICATION The contents of the international application will be made public as soon as possible after the expiry of 18 months from the earliest filing date.

Step 4: Supplementary International Search (optional) Performed by an International Searching Authority willing to provide a supplementary search that did not participate in the main search, to find published documents that could not be searched by the International Searching Authority conducting the main search due to the linguistic and technical diversity of prior art. Sanna Step 5:

International preliminary examination (optional) An additional patentability analysis is carried out by an International Searching Authority after international publication (usually with amendments to the original application) at the request of the applicant. Step 6: Once the national phase PCT procedure is complete, the applicant begins to seek a patent grant directly from the national (or regional) patent office where the patent wishes to be granted.

II. When an international application is appropriate An application filed in the manner prescribed by the PCT is called an international application. Generally speaking, an international application is a patent application filed by a resident or national of a PCT Contracting State for protection in several Contracting States (usually in more than five designated countries). In addition to filing under the PCT, Chinese individuals and entities can still file national applications with foreign countries in accordance with the principles of the Paris Convention.

In particular, when the applicant only needs to apply for a patent in one country or a few countries, it is appropriate to use the Paris Convention route. III. How to File an International Application 1According to the relevant regulations, after a Chinese individual or entity has made an invention or creation, he or she can first apply for a domestic patent and claim priority to apply for a foreign patent within 12 months. It is also possible to file an international application directly, but it is necessary to designate China at the same time as the foreign country in the application.

2.The cost of preparing an application is currently an average of US$4,000,500 per country, compared to about US$20,000 for five countries. There is also a fee for the international phase of the PCT, which includes a transmission, search and international preliminary examination fee of approximately RMB 2,100 (RMB) levied by the Chinese Patent Office and a basic, designation and handling fee of approximately RMB 1,150 (USD) imposed by the International Bureau. If the application is made by an individual in China; The fees imposed by the International Bureau could be reduced by 75 per cent.

To sum up the above, international patents are very important for the applicant, applying for an international patent means that their products are protected by the law, but there are also strict requirements for the application, and you must comply with the regulations before you can apply, therefore, it is best to consult the relevant departments when applying, so as to avoid wasting time later.