What needs to be translated for PCT patents

Jite Intellectual Property: The role and significance of international patent application are mainly reflected in the following aspects: 1

It is effective to prevent the relevant international market from being occupied by other enterprises. Due to the territorial characteristics of patent protection, the granting of a patent right for a technology in China only means that the patentee has the right to prohibit others from using the technology in China without its permission, but it does not prevent others from implementing the technology in other countries or filing corresponding patent applications in accordance with the laws and regulations of these countries. Once the patent rights of the technology are granted to other competitors abroad, then the company's own products will be completely excluded from the market scope of these countries, and even if there is no competition between the authorized patentee and the enterprise, the enterprise will have to pay the patentee in order to enter the international market....

The state has spent a lot of money to apply for PCT patents, but the vast majority of them are junk patents. The patent process consists of two parts: a) patent application and approval; b) Tribunal evaluation and adjudication.

When you get a patent certificate, it only means that your patent application has been successfully approved and registered, but the actual value of the patent is not protected by the patent certificate. In fact, the patent certificate itself has no value. The actual value of a patent must be assessed and adjudicated by a court of law, or by a fully independent appraisal body through a court.

There is a complete system for the review of the value of patents, including legal and technical aspects, and is fully reflected in the structural details of the claims and the professional structure of the specification. A strong patent application must take into account both the requirements of the patent (set by the patent office) and the value of the patent (set by the court), otherwise a simple patent certificate is nothing more than a junk patent certificate. These are all comprehensive systems of U.S. patents.

In our country (China), due to the late start of intellectual property rights, we only have a patent office (responsible for issuing certificates), and there is no complete patent court value evaluation system, so we cannot evaluate the value of a patent. The same is true of the PCT, which is just an international patent application process and is not responsible for any other function, just like a normal UN agency program. Due to the different procedures and requirements of different countries involved in the PCT, the connotation of patents has changed greatly after multiple language translations and conversions, and the value has been constantly translated and distorted, and many of them have become unrecognizable and even more unprotected.

As a result, more than 95% of PCT patents have lost their protection and become junk patents, especially domestic patent firms and Chinese institutions do not understand the international patent value evaluation system at all, and never participate in the rule-making system of the international value system, resulting in a rising proportion of junk patents. Personally, I think that PCT patents are almost useless! In the field of ICT (Information and Communication Technology), I would still recommend the inventors:

As long as we really defend the US market, it is enough, and we must not think about liberating all mankind, otherwise we will not even be able to protect ourselves in the end. What's more, U.S. patents themselves have a certain degree of internationality. To apply for a U.S. patent, you must apply for it separately in the U.S., never go through the PCT process, it's a lesson in blood!

The value of the PCT is very poorly protective, only for large companies that need a large number of patents (not for patent value), and definitely not for small companies, universities and individual inventors. Many university professors in China applied for PCT in accordance with national requirements, but because they could not afford the follow-up fees, the entire ship sank, and all the patents were scrapped, which is a pity. Moreover, PCT patents were unlikely to be of good value, as local courts were not very fond of the PCT, especially in developed countries.

1. What does PCT patent mean?

1. The PCT Patent Cooperation Treaty is an international cooperation treaty in the field of patents. It is a treaty dealing primarily with the co-operation and reasonableness of the filing, search and examination of patent applications and the dissemination of the technical information contained therein. The PCT does not "grant international patents", and the task and responsibility for granting patents remains the sole responsibility of the patent office of the individual country seeking patent protection or the authority exercising its competence.

2. Legal basis: Article 26 of the Patent Law of the People's Republic of China.

Where an application is made for a patent for invention or utility model, a written request, a description and its abstract and claims shall be submitted.

Article 34.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.

Article 35.

Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39.

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

2. What does the rejection of a patent application mean?

Rejection of a patent application is a decision to reject a patent application that does not comply with the provisions of the Patent Law. As far as the patent examination procedure in China is concerned, there are several types of refusals:

1. After preliminary examination, if the Patent Office considers that the patent application obviously does not comply with the relevant provisions of the Patent Law or requires the applicant to state his opinions or make corrections within a time limit, and still considers that it is not feasible after making a statement of opinions or amendments, it shall reject it.

2. After substantive examination, if the Patent Office considers that the invention-creation for which the patent application is made does not comply with the provisions of the Patent Law, and requires the applicant to state its opinions or amendments within a time limit, and it still fails to do so after making the statements or amendments, it shall reject the application.

3. After receiving the objection, the patent office requires the applicant to reply within a time limit, and if it finds that the objection is valid after examining the reply, it shall reject it. The Detailed Rules for the Implementation of the Patent Law of the People's Republic of China clearly stipulate the circumstances under which a patent application shall be rejected.

The differences between PCT patents and ordinary patents are as follows:

One: the concept is different.

The PCT is one of the most commonly used methods for filing international patents and is an abbreviation for the Patent Cooperation Treaty. Patents generally refer to domestic invention patents, utility model patents and design patents.

Two: the time is different.

A PCT patent application takes at least 18 months, depending on the specific patent and the country in which the application is filed. It generally takes about 2-3 years for an invention patent to be examined from the substantive examination. Utility model patents take about 8-12 months.

A design patent takes about 4-6 months.

Third, the audit and fee are different.

PCT examination, according to the Paris Convention, within 12 months of the filing of a national patent application, can claim priority by filing in a different country. This is because patent laws vary from country to country. The following questions arise when applying for a PCT patent:

Multilingual, multi-format requests, multiple searches, multiple disclosures, multiple requests for reexamination. In the end, Sun Ru needed 12 months of cost differences, state fees, and translation fees due to litigation reasons. The examination of ordinary patents shall be completed by the State Patent Office in accordance with the domestic patent examination procedures.

Utility model patents and design patents go through several stages: acceptance, examination, authorization and certification. Invention goes through several stages:

Acceptance, preliminary examination, substantive examination, authorization and certification. The application fee is generally a few hundred to several thousand dollars.

Four: the process is different.

A PCT patent application must be filed through the national and international phases. The application is made to the national patent office, which then applies for an international patent through the PCT. PCT patent applications, international searches and first-class international preliminary examinations will be completed in the international phase.

It is up to the patent office of the designated country to decide whether or not to grant a patent.