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Overseas patent applications
Editor:admin  Date:2014-08-18  Browse:9795 Text Size Print

According to the Chinese Patent Law Article 20 stipulates that "the Chinese entity or individual in the country to complete their inventions to foreign patent applications, patent administration department under the State Council shall first apply for a patent, commissioned its patent agency designated to handle, and comply with the law provisions of Article IV. 
     Chinese entity or individual may file an international patent application under the relevant international treaties to participate in the People's Republic of China. The applicant filing an international application for patent shall comply with the preceding paragraph. 
     The patent administration department of international patent applications in accordance with the relevant international treaties, this Law and relevant provisions of the State Council, People's Republic of China to participate. "

An application before the preparation 
1 The applicant shall provide the following information: 
(1) (claiming priority) Chinese patent application documents earlier, including the request, notice of acceptance and specification, claims, drawings, abstract, etc.; 
(2) the name and address of the inventor (English); 
(3) the name (name) and address (in English) the applicant; 
(4) the country and apply for a patent application types; 
(5) the existing technical information. 
     If you apply for a patent to a foreign applicant and the applicant's earlier application is inconsistent, then the application must be signed by the applicant prior to transfer as proof new application has the legitimate right to apply for foreign patents. Of particular note is that the provisions of the United States patent law, only the inventor filed a patent application entitled, therefore, to the United States patent application or PCT application designated the United States, have to be to the inventor as the applicant. A service invention shall be signed by the inventor to prove the transfer will apply for the right to be transferred to their units. (How to sign the certificate of transfer) 
     2 Chinese disclosure of deadline. China application month from the filing date to be announced at least 18 people. If the applicant after one year from the filing date of the application is ready to abroad, although the loss of priority, but as long as the earlier application has not been disclosed, you can still apply to other nations. 

Second, the choice of ways to apply for foreign patents 
     1 According to submit their applications directly to the foreign "Paris Convention" 
     Independent review of the provisions of the principles of the "Paris Convention", ie national patents valid only in the country, national approval of patent applications are independent of each other. So, if you want to obtain patent protection in one Member State "Paris Convention", you must submit an application to the country. 
     According to the advantages of patent applications made directly to the foreign countries, "the Paris Convention" is a shorter time. In addition, based on our experience of the agent, when fewer than five national applications, the total costs are generally lower. The disadvantage is that prior to the application according to the requirements of each applicant country, the need to provide the text of the application of different text, longer than urgent. Moreover, since the beginning and start the application process all countries, large early expenses, and thus the risk is higher. 
     The "Patent Cooperation Treaty" (PCT) patent application 
     "Patent Cooperation Treaty" simplified procedures of international patent applications, and the use of technology to speed up the transfer of information, the patent system to adapt to the trend of internationalization. Currently, the major international countries have a PCT member states. 
     According to "Patent Cooperation Treaty" in the international application submitted by a Receiving Office, with the equivalent of at the same time each designated State submitted a request legal effect. An international application can also enjoy an earlier application priority. 
     The basic program is divided into the international phase of PCT applications and national stage. 
     International stage - at the application date nine months from the priority date of 16 months or so, the application will receive a copy of the selected international search report retrieval units issued. Applicants can retrieve the documents for the claims to make changes and submit the International Bureau. In the full filing date or priority date 18 months after the application be published. In from the filing date or priority date before the expiration of 19 months, the applicant should decide whether to request international preliminary examination. Such request international preliminary examination, the International Preliminary Examining Authority will from the filing date or priority date issued an international preliminary examination report within 28 months, to comment on the patentability of the application. The report on the review of the designated national patent offices are not binding. Since the applicant shall be the filing date or priority date 30 months before the full (for international preliminary examination has not made an application requesting person, compared to 20 months) to specify 

Submit a request to enter the country or region of the country, and submit a translation of the international application. Thus the international application by the "international phase" into the "national phase." 
     National stage - international application to enter the "national phase", by the national patent offices to review the substance of the application, its procedures and to submit an application directly to the national program is almost the same, patented only after the approval of the countries. 
     Advantages of PCT patent application is very simple initial application. 
(1) For the Chinese people, the Chinese Patent Office simply submit a Chinese application documents; international preliminary examination in the international phase of the program can also be used Chinese, very convenient. 
(2) the use of the PCT application, enter the time of each designated country than in accordance with the "Paris Convention" provides a 12 month priority period apply to foreign direct postponed eight or 18 months. Such applicants have more time to raise funds to conduct market research to determine which countries to enter the final. 
(3) The international search report and the international preliminary examination report can be a valuable reference provided by the applicant in deciding whether to enter the national final for. If you find that there are two reports on the application extremely unfavorable comparison document, or tendentious views of the international preliminary examination report is very optimistic about the applicant may thus consider giving up entering the national phase, to avoid subsequent expenses. Also, select a PCT application, in the international stage and entered the national stage, the applicant has the opportunity to repeatedly modify the application documents. 
     Disadvantages PCT application is spending more than the cost of the international stage, and prolonged the time to apply. For Chinese enterprises, if only apply for five of the following countries, select PCT application in the economy and are not worth the time. Moreover, the design can not apply through the PCT route. 
     To sum up, PCT applications spend more money, "buy" to postpone further investment decisions, and provide a reference for decision-making. PCT application is more conducive to the way some multinational operations. 
     3 regional patent applications 
(1) European Patent 
     The establishment of a European patent application to authorization from the patent system integration. While the European patent into the country only in its 

Members of the domestic effective, but natural or legal person in any country may apply. Applicants need to Britain, France and Germany in one language to submit an application to the European Patent Office, the European Patent Office after examination and approval, you can specify in the member countries to obtain patent protection. European Patent Office granted after the applicant, the text needs to be authorized in the Member States designated register and submit a translation of the national regulations. Current European patent applies to the following countries: 
     Austria, Belgium, Sweden, Germany, Denmark, Spain, Finland, France, Great Britain, Ireland, Italy, Luxembourg, Monaco, Netherlands, Portugal, Switzerland and Liechtenstein 
     Not only to achieve a unified European patent application, but also to achieve the unity of the review and authorization, is a regional international patents in the true sense. The applicant in the application review process was not only a great convenience, but also in many countries, can have designated cost savings. European patent application is much higher than the cost of a patent application for only one Member State, after approval needed and specified in the translation of the State of registration and submit the appropriate text, therefore, generally only when the designated country more than three, the economy will feel fit . 
(2) African Intellectual Property Organization patent and patent agreements Harare 
     African Intellectual Property Organization includes the following countries: Burkina Faso, Benin, Central African Republic, Congo, Cote d'Ivoire, Cameroon, Gabon, Guinea, Guinea-Bissau, Mali, Mauritania, Niger, Senegal, Chad, Togo. Harare Parties to the Agreement, including Ghana, Gambia, Kenya, Lesotho, Malawi, Sudan, Sierra Leone, Swaziland, the United Republic of Tanzania, Uganda and Zimbabwe. 
     Patents are more uniform application of the two organizations, unified review, unified authorization, patent approved, valid in all Member States. 
     (3) the Eurasian Patent 
     Member countries are: Armenia, Azerbaijan, Belarus, Kyrgyzstan, Kazakhstan, Republic of Moldova, Russian Federation, Tajikistan, Turkmenistan. 
     Eurasian patent procedure is very simple, as long as the Russian applicants to the European Patent Office to submit an application and specify the member states; until after the patent application is approved Eurasian Patent Office, as long as pay an annual fee to the designated country, the 

Patent that is valid in the country. 
      Regional patent applications and PCT applications pathways are not contradictory ways. As one member designated PCT applications at the same time specify a regional patent office can be. When entering the national phase, it enters the regional patent offices, then you can be dealt with in accordance with the same procedure as in the area of patent. 

Third, the patent system in Hong Kong 
     1 "Patents Ordinance" and "Registered Designs Ordinance" 
     According to the provisions of the new Hong Kong "Patents Ordinance," the patent system in Hong Kong, including the "standard patent" and "short-term patent", roughly corresponding to our invention patents and utility model patents. 
     Standard patent refers to patents granted by the designated patent office review, the re-registration of patent and awarded in Hong Kong. Designated patent office (designated UK) for the Chinese Patent Office, the UK Patent Office, the European Patent Office. That is not, invention patents only apply to the three designated Office, the possible request records in Hong Kong Intellectual Property Department, registration and authorization. 
     The need to obtain a standard patent in two stages. 
     The first stage, the invention patent application made to the designated patent office must apply within six months after the disclosure by the designated Office in Hong Kong Intellectual Property Department records; If the application form after passing the examination, about six months later in the recording request record information given to be published on the Hong Kong Government Gazette. 
     The second phase, when the application has been authorized recording released in the designated Office, authorized by the designated Office within six months after the Hong Kong Intellectual Property Department requesting registration and authorization. After passing the examination form, the original approval of the designated patent incurs a standard patent in Hong Kong. That standard patent an authorized independent of the original designated patent. Standard patent protection period for the self-designated patent application from the original 20 years. 
     The purpose is to make short-term patent business value is small, short-lived patent protection for inventions can be obtained as soon as possible. And China's utility model is different from the scope of short-term patent protection is very wide, both to protect the product invention, but also to protect the inventive method. 
     Short-term patent handled directly by the Hong Kong Intellectual Property Department, qualified to review the verdict authorization form. But the application 

Issued must submit a report by the designated patent office to retrieve the short-term patent. Included in the designated patent office 
States, Europe, Australia, Austria, Japan, the United States, Switzerland, Russia and Spain in the Patent Office. Short-term patent can enjoy the priority of the earlier application. Short-term patent period from the filing date or priority date four years and renewal for four years. 
     Designs in Hong Kong through the "Registered Designs Ordinance" to protect. Hong Kong Intellectual Property Department handled directly design applications, and is not authorized by the substantive examination of the verdict. Application for design registration can enjoy the priority of the earlier application. Design protection as from the filing date or priority date five years, renewable for four times, and each renewal of five years up to 25 years of protection. 
     When a patent application for the invention to PCT applications entering China, entered the national phase within six months, the applicant shall submit a request to record a standard patent in Hong Kong Intellectual Property Department, pending the application for authorization after China Hong Kong within six months to apply for registration and authorization. When the PCT application enters China and selected utility model protection can be extended to Hong Kong in the short-term patent applications entering the national phase six months. PCT international filing date is deemed to be submitted at the Hong Kong short-term patent filing date. 
     For short-term patent applications for inventions and designs, the applicant may make an application directly to the Hong Kong Intellectual Property Department, also can be made for utility model patents and design applications in China, as a priority, the priority period to the Hong Kong Knowledge filed IPD. 
     Hong Kong Intellectual Property Department, to apply for the patent to be registered in Hong Kong by the Hong Kong patent agency to handle.

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