The Patent Cooperation Treaty (PCT) and patent examination of … · 2014. 1. 14. · filing and...

The Patent Cooperation Treaty (PCT) and

patent examination of SIPO

(1) What is the PCT?

(2) How to file a PCT patent application?

(3) What are PCT advantages?

(4) What is the Patent examination system

in SIPO?

• A mainly procedural international treaty facilitating certain steps in the process of obtaining patents internationally

• More specifically, the PCT establishes a procedure for the filing and processing of a single application for a patent which has legal effect in the countries which are Treaty members

• Simplifies the procedure for obtaining patent protection in many countries, making it more efficient and economical for:

(1) users of the patent system (applicants and inventors); and

(2) patent Offices

• The decision on granting patents is made exclusively by national or regional Offices in the national phase

• Signed in June 1970, in Washington, D.C., and became operational in June 1978 with 18 States

• Recently, the PCT has more than 140 Contracting States

=PCT

Albania Algeria Angola (27 December 2007) Antigua and Barbuda Armenia Australia Austria Azerbaijan Bahrain Barbados Belarus Belgium Belize Benin Bosnia and Herzegovina Botswana Brazil Bulgaria Burkina Faso Cameroon Canada Central African Republic Chad China Colombia Comoros Congo

Costa Rica Côte d'Ivoire Croatia Cuba Cyprus Czech Republic Democratic People's Republic of Korea Denmark Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Estonia Finland France, Gabon Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea

Guinea-Bissau Honduras Hungary Iceland India Indonesia Ireland Israel Italy Japan

Kazakhstan Kenya Kyrgyzstan Lao People’s Dem Rep. Latvia Lesotho Liberia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Madagascar

Malawi Malaysia Mali Malta Mauritania Mexico Monaco Mongolia Montenegro Morocco Mozambique Namibia Netherlands New Zealand Nicaragua Niger Nigeria Norway Oman Papua New Guinea Philippines

Poland Portugal Republic of Korea Republic of Moldova Romania Russian Federation Saint Lucia Saint Vincent and the Grenadines San Marino Senegal Seychelles Sierra Leone Singapore Slovakia Slovenia South Africa Spain Sri Lanka Sudan Swaziland

St. Kitts and Nevis Sweden Switzerland Syrian Arab Republic Tajikistan The former Yugoslav Republic of Macedonia Togo Trinidad and Tobago Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates United Kingdom

United Republic of Tanzania United States of America Uzbekistan Viet Nam Yugoslavia Zambia Zimbabwe

140 States

The PCT System --typical use, in more detail

(months)

File PCT application

12 0 30

International search report & written opinion

16 18

International publication

(optional) File demand for International preliminary examination

File local application

Enter national phase

22 28

(optional) International preliminary report on patentability


(months)


12 0 30


16 18





22 28


Typically a national patent application in the home country of the applicant


(months)


12 0 30


16 18





22 28


Typically filed in same national patent office--one set of fees, one language, one set of formality requirements--and legal effect in all PCT States

(months)


12 0 30


16 18





22 28


Report on state of the art (prior art documents and their relevance) + initial patentability opinion


Documents relevant to whether or not your invention may be patentable

Symbols indicating which aspect of patentability the document cited is relevant to (for example, novelty, inventive step, etc.)

The claim numbers in your application to which the document is relevant

Example: international search report

Patentability assessment of claims

Reasoning supporting the assessment

Example: international search report

(months)


12 0 30


16 18





22 28


Disclosing to world content of application in standardized way


(months)


12 0 30


16 18





22 28


Request an additional patentability analysis on basis of amended application


(months)


12 0 30


16 18





22 28


Additional patentability analysis, designed to assist in national phase decision-making


(months)


12 0 30


16 18





22 28


Express intention and take steps to pursue to grant in various states The PCT System

--typical use, in more detail

PCT Minimum Documentation the PCT minimum documentation is made up of: 1. certain national patent documents 2. all published international and regional patent documents 3. non-patent literature, as agreed on by the International Searching Authorities collectively

中华人民共和国国家知识产权局

1. brings the world within reach

2. postpones the major costs associated with internationalizing a patent application

3. provides a strong basis for patenting decisions

4. research and examination work can be reduced

5. allows you to apply securely and easily online, and to save money by doing so

As the cornerstone of the international patent system, the PCT provides a worldwide system for simplified filing and processing of patent applications, which--

Traditional patent system vs.

PCT system Fees for: --translations ��--Office fees ��--local agents

0 12


File applications

abroad (months)

Traditional

(months)


12 30


16 18





22 28


PCT 0

Fees for: --translations ��--Office fees ��--local agents

The flow chart of examination of patent application in SIPO


The flow chart of examination on requests for re-examination and

invalidation in SIPO

Thank you!

The Patent Cooperation Treaty (PCT) and patent examination of … · 2014. 1. 14. · filing and...

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