Overseas Patent

Introduction to Foreign Patent System

Foreign Patent Registration

Foreign patent applications can be made through the following three pathways:

Directly filing a new application
PCT pathway (Patent Cooperation Treaty)
Paris Convention pathway (Paris Convention for the Protection of Industrial Property)

a. It is recommended to file applications in multiple countries (more than five).
b. Sufficient time is available (up to 30 months) to consider entering designated countries.

c. For Chinese applicants, the PCT pathway offers the following benefits:

i. Applicants can choose to file the application in Chinese or English.
ii. Applicants can file an application with the China National Intellectual Property Administration (CNIPA) and request patent protection in foreign countries.
iii. Applicants only need to submit a set of application documents to the CNIPA in Chinese (or English) to establish the filing date, which is considered the same day for applications filed in various designated countries.
iv. Before entering the national phase in each country, applicants receive an international search report and an international preliminary examination report. Through these reports, applicants can preliminarily assess the prospects of obtaining a patent in various patent offices and determine if it is necessary to proceed with the national phase.
v. The time to enter the national phase is delayed, allowing applicants to decide whether it is necessary to enter the designated countries based on market prospects and technological advancements.