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PCT International Patent Application

 

The PCT international patent application is first filed by the patent applicant to its competent receiving office, internationally published by the International Bureau of the World Intellectual Property Organization, and internationally searched by the International Searching Authority. If requested by the applicant, the international patent application is subject to an international preliminary examination by the International Preliminary Examining Authority. The purpose of the international search is to provide prior art information relating to the international patent application; the purpose of the international preliminary examination is to provide the international patent application with a preliminary review of its novelty, inventiveness and industrial applicability. After the international stage of international search, international disclosure and international preliminary examination (if required), patent applicants go through the formalities of entering the national phase. 

The Patent Office of the China Intellectual Property Office is the competent receiving office of Chinese nationals or residents, and is also an international search unit and an international preliminary examination unit. Chinese applicants who file an international patent application can submit an application directly to the Patent Office of the State Intellectual Property Office.

It should be noted that patent applicants can only apply for patents through the PCT and cannot obtain patents directly through the PCT. In order to obtain a patent in a certain country, the patent applicant must also perform the formalities of entering the country, and the patent office of the country shall examine the patent application, and the patent right shall be granted in accordance with the provisions of the patent law of the country.




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