PCT international application
PCT is the "Patent Cooperation Treaty" (Patent Cooperation Treaty) of the English abbreviation, is the international treaties related to patent application, is under the Paris convention only to the Paris convention members to open a special protocol. The treaty concluded in 1970, launched in 1978, currently (as of July 15, 2001) has 112 members.
According to the provisions of PCT, the patent applicant can submit the application via PCT pathway, a number of countries to apply for a patent. PCT international application first by the patent applicant to the competent authority or accepting the World Intellectual Property Organization (WIPO) of the International Bureau (hereinafter referred to as the International Bureau) submitted, and then by the International Searching Authority international search, and by the International Bureau announced. If the applicant is required, the international application by the international preliminary examination authority for international preliminary examination.
International Search aims to provide existing technical information with the relevant international application; international preliminary examination for the purpose of providing the its novelty, creativity and practical industry of the preliminary examination opinions for the international application. After the search, the international releases and international preliminary examination of this international stage, the applicant for a patent for the national phase entry formalities.
In January 1, 1994 China formally joined the PCT, China's State Intellectual Property Office of China (including Hong Kong, Macao, and Taiwan regions) nationals or residents receive bureau director, is also the International Searching Authority and international preliminary examination authority. China (including Hong Kong, Macao, and Taiwan regions) the applicant filing an international application, shall entrust the foreign-related patent agency. China (including Hong Kong, Macao, Taiwan) the applicant can apply to the State Intellectual Property Office of China can be submitted to the International Bureau International application. The international application can be invented, can also be a utility model, but the design applications cannot be submitted via PCT pathway.
It should be noted that, the patent applicant can only apply for the patent through PCT, not directly through the PCT patent. In order to obtain a national patent, the patent applicant must also fulfill the formalities to enter the country, by the State Patent Bureau of the patent application for review, in accordance with the provisions of the patent law, the grant of the patent right.
Because PCT in time, cost, and provide more convenience for the applicants, so more and more accepted by the applicant. PCT patent application showing a rising trend to accelerate. In 2000 the national total of 90948 PCT patent applications, an increase of 22% over 1999. Received 746 PCT patent applications in 2000 China Patent Bureau, 3.34 times that of 1999. Received 15802 pieces of entry into the Chinese national stage PCT patent application in China Patent Office in 2000, 18% more than in 1999. Presumably, in China's accession to the WTO, there will be more PCT patent application in the national phase in china.