在中国申请PCT专利的最新指引（2024）

What is the PCT international application?

It refers to an international patent application submitted by an applicant under the Patent Cooperation Treaty (PCT), which allows an applicant to seek protection in multiple countries at one application, rather than submitting several national or regional applications.Currently, the PCT has 157 contracting states.

Since the prosecution and granting of patents are still controlled by national or regional patent offices, the PCT application can be divided into the "international phase" and the "national phase". This article focuses on the first phase, the "international phase". For more details about the "national phase", please read at:National Phase: The Latest Guideline For Your PCT Entry Into China

Since January 1, 1994, China has been becoming a member state of PCT. At the same time, the CNIPA, working as the receiving office (OA), international searching authority (ISA) and international preliminary examining authority (IPEA), accepts PCT international applications submitted by Chinese citizens, residents and legal entities.

The process of PCT application

The two stages of PCT international application are the international stage and the national stage. The application filing, international search and international publication are among on the international stage. If the applicant requests, the international stage also includes the international preliminary examination.

As for whether to grant a patent right, it is handled by the designated/selected offices during the national phase.

Filing

You can file a PCT international application with your national or regional patent office or with WIPO, in one language, and one set of fees.

International Search

 An “International Searching Authority” (ISA)(one of the major patent offices in the world, click here for the list)identifies published patent documents and technical literature (“prior art”) that may influence the patentability of your invention, and issue a written opinion on the potential patentability of your invention.

International Publication

as soon as possible after the expiration of 18 months from the earliest filing date, the content of your international application is disclosed to the world.

International Preliminary Examination (optional)

应申请人的请求，其中一个国际检索单位进行额外的可专利性分析，通常是针对您根据书面意见的内容修改过的申请版本。

National Phase

after the end of the PCT procedure, usually at 30 months from the earliest filing date of your initial application, from which you claim priority, you start to pursue the grant of your patents directly before the national (or regional) patent Offices of the countries in which you want to obtain them.

How can I protect my invention in multiple countries?

Patents are territorially limited. To protect your invention in multiple countries you have a few options:

Direct or Paris route:

You can either directly file patent applications in all the countries where you wish to protect your invention at the same time; or in one of the Paris Convention countries and then file separate patent applications in the other Paris Convention countries within 12 months from the filing date of the first filing date.

PCT route:

You can file an application under the PCT, directly or within the 12-month period provided for by the Paris Convention from the first filing date, which has legal effect in all Contracting States of the PCT.

Advantages and disadvantages of applying for patents through the PCT

Advantages

Applicants have up to 30 months (31 months in some countries or regions) to consider which countries to apply for a patent.

The applicant can amend the application (optional) based on the international search report, written opinion, and the international preliminary examination report (optional) on patentability, and then decide whether to enter the national phase and which national phases to enter.

Disadvantages

The PCT application has additional international phase fees and periods compared to the Paris route. If the target countries are few, the Paris route can save more costs.

How much does the patent fee cost during the international phase?

Basic Fees

Miscellaneous (if applicable)

Reduction/ discount

All applicants are individuals, and are nationals or residents of China (including Hong Kong, Macao and Taiwan),or a national or resident of another eligible PCT member country listed by the International Bureau for fee reductions, the filing fees fee and handling fees will be reduced by 90%.

How long will it take?

Compared to the 12-month priority period under the Paris Convention, you have an additional 18 months (30-12) to file national phase applications with each patent office. This extra time can help you evaluate potential markets and raise funds.

However, you do NOT have to wait for the expiration of 30 months from the priority date to enter the national phase. Instead, you can apply for early entry at any time.

How to file a PCT international application in China

International applications can be submitted to the Chinese Office in two ways: post or e-filing.

E-filing

Electronic applications require the utilisation of the e-filing website or client to submit application.

Post

Application paper should be mailed to the "国家知识产权局专利局受理处PCT 组".

Required documents for PCT application

Request form

申请人应使用国际局统一制定的请求书，并写明申请人的姓名或名称。

Specification, claims, drawings, abstract

包含说明书附图的国际申请，建议申请人在提交申请文件时一并提交完整的说明书附图，后提交全部或部分说明书附图都可能引起申请日的改变。

除此之外，国际申请文件还应当包含摘要，摘要可以在提交国际申请后提交，并不会影响申请日的改变。

Priority document (i.e. the certified copy), POA

针对国际申请本身的具体情况，申请人可能会被要求提交优先权文本、专利代理委托书等，这些文件不会影响国际申请的受理，可在提交国际申请的同时提交，也可在国际申请提出后的相关期限内提交。

Applicant eligibility

申请人只要满足以下条件之一，即可向作为受理局的中国国家知识产权局提出国际申请：

　　(1) 中国的公民或中国法人。

　　(2) 在中国境内有长期居所的外国人或在中国工商部门注册的外国法人。

若有多个申请人，只要其中一个申请人有资格即可。针对不同的国家可以指定不同的申请人。

Working languages

中国局作为受理局接受中文或英文撰写的国际申请。

Chances of amendment

在国际阶段，申请人有两次修改申请文件的机会：

The amendment under Art. 19

申请人收到国际检索报告后，在规定的期限内可向国际局提出针对权利要求书的修改。修改期限是自传送国际检索报告之日起两个月内或自优先权日起十六个月内，以后到期为准。

The amendment under Art. 34

即启动国际初步审查程序后可进行的修改。申请人可在规定的期限内对说明书、权利要求书、附图向中国国家知识产权局提出修改。修改期限是提交国际初步审查要求书起至审查员起草国际初步审查报告（专利性国际初步报告）之前。

Are you preparing to apply for a PCT patent in China?

如果你打算通过中国的PCT申请进入其他国家，请向我们提供你的技术交底书或在先申请文件，免费获取报价。

我们团队曾为多家中国企业向中国知识产权局提交PCT专利申请，对此有丰富的经验，欢迎各国客户联系我们contact@gbaiplawyer.com。