Precautions for international patent applications, what to pay attention to in international patent

You can pay attention to these five points.

For applicants, there are five things to keep in mind when filing a PCT international patent application.

1. The applicant cannot obtain a patent directly through the PCT.

The PCT is a way to apply for a patent, and the patent applicant can only apply for a patent 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.

2. How to apply for PCT patents.

If a Chinese entity or individual files a PCT international application for an invention or creation completed in China, it may first file a Chinese patent application with the State Intellectual Property Office of China and then file a PCT international application with this as a priority, or it can directly file a PCT international application.

3. The PCT international application shall not include:

i) Offensive language and drawings;

ii) terms and drawings that are contrary to public order;

iii) statements that disparage the product or process of any particular person other than the applicant, or the merits or validity of an application or patent by any particular person other than the applicant (mere comparison with prior art shall not in itself be considered disparaging);

iv) Statements or other matters that are manifestly irrelevant or unnecessary depending on the circumstances.

4. Pay the fee on time.

The applicant shall pay the transmittal fee, the search fee, the international filing fee and, where applicable, the international filing surcharge, within one month from the date of receipt of the international application. Payment methods: face-to-face payment, bank transfer, authorized account deduction, online payment platform.

5. Pay attention to the time limit for PCT application.

From filing a PCT application to entering the national phase, each step has a certain time limit, and applicants should pay special attention not to miss it.

The corresponding patent protection system of each country is different, and the international application should be reported by a larger firm as much as possible, and the corresponding later troubles are much less, and if you can find the kind that has its own branch abroad, it is best Beijing Jijia.

More than 50 international patentees, proficient in English, French, German, Japanese, Korean and other countries professional foreign language skills, for more than 3,000 enterprises in more than 100 countries abroad ** intellectual property affairs reached nearly 20,000; He has handled more than 80,000 foreign patent affairs for more than 7,000 enterprises in mainland China.

Foreign branches have set up subsidiaries in the United States, Germany, Japan, Taiwan, Hong Kong and other major countries and regions, and can directly handle foreign-related patents, trademarks, copyrights, litigation and other intellectual property affairs in the local countries.

1. Whether the invention or creation applied for a patent in a foreign country involves major national interests or needs to be kept confidential. Any invention or creation that does not involve major national interests or does not require secrecy may be applied for a patent in a foreign country; Otherwise, it is not possible to apply for a patent in a foreign country.

2. Whether the invention-creation can become the subject matter of protection under the patent law of the country of application, and whether it meets the requirements of patentability in that country. Generally speaking, the applicant should have a certain understanding of the patent law of the applicant country and have a certain certainty that his patent application will be approved before filing a patent application in that country.

3. Whether the invention has market potential in the country where it intends to file an application, whether there are competitors, and whether it is necessary to obtain the exclusive right to exploit it. As a general rule, a patent application should only be considered when it is necessary and in anticipation of benefits.

According to the content of the above article, we can know that the main ways to apply for international patents are through the Paris Convention and the PCT international patent application route. Moreover, there are more precautions for applying for international patents than for domestic patents, so it is necessary to understand them carefully, so as not to delay the time for applying for patents.

Article 26 of the Patent Law of the People's Republic of China provides that an application for a patent for invention or utility model shall be submitted with a written request, a description and its abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available.

The abstract shall briefly describe the technical points of the invention or utility model. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection. For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.

Article 27 of the Patent Law of the People's Republic of China provides that a person who applies for a design patent for design shall submit a written request, a brief description of the design, and other documents. The applicant submits a request for the design of the product for which the patent protection is claimed.

There are ways to apply for international patents under the Paris Convention. and the PC T route can also be applied directly.

Legal analysis: 1. When applying for a patent in a foreign country, the parties concerned shall report to the patent administration department for confidentiality review in advance; 2. The invention shall belong to the scope protected by the patent right, that is, it is one of the new models and designs for cracked socks, solid fiber sails, and designs; 3. Other precautions when applying for a patent in a foreign country.

Legal basis: Article 19 of the Patent Law of the People's Republic of China Where any unit or individual applies to a foreign country for a patent or utility model completed in China for exclusive destruction of the source of hail profits, it shall be reported 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 international treaties to which the People's Republic of China is a party. 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.