CHINESE
ENGLISH
At present, Chinese enterprises apply for international patents , the comparative application channel is PCT pathway. The full English name of the PCT is \u0026 ldquo; Patent Cooperation Treaty \u0026 RDQUO;, which means a patent cooperation treaty, it is a treaty of patents under the Paris Convention. The PCT approach specifically refers to that in all Paris Convention member countries, the enterprise submits a patent application to any country. The priority time is 12 months), which is often said \u0026 ldquo; one country's application, multi -country validity \u0026 rdquo;.
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It is simple to apply for international patent procedures through PCT, which is currently registered for international patents from Chinese people. The first choice channel, but there are some issues to pay attention to applying for international patents through PCT.
\u0026 nbsp; 1. In accordance with Article 20 of the Chinese Patent Law, if the applicant applies for a foreign patent, the patent application shall be submitted to the Chinese Patent Office first, and then Can apply for foreign patents.
\u0026 nbsp; 2. The applicant can apply for China and foreign patents at the same time through the PCT approach. According to the rules of the implementation of the Chinese Patent Law, the applicant's application for the first application of the PCT international application should include China.
\u0026 nbsp; 3. Do not require the priority to apply directly to the foreign country. Patent applications are submitted in accordance with the requirements of its national law, such as Taiwan is not a member of the PCT.
\u0026 nbsp; 4. The applicant shall pay the transmission fee, retrieval fee, and international application fee within one month from the date of receipt of the international application (when applicable,, when applicable,, when applicable,, when applicable, Pay an international application surcharge). Expense payment method: face payment, bank remittance, authorized account deduction, online payment platform.
\u0026 nbsp; 5. From the submission of PCT applications, to entering the national stage, each step has a certain period of time. The applicant should pay special attention, do not miss it. It's right.
\u0026 nbsp; The above is PCTThe precautions for international patent applications, Pingkman cross -border intellectual service reminds everyone that the current PCT pathway can only apply for international patents on invention or utility models, and cannot apply for international patents on the design. If you need to apply for an exterior design patent, you can choose other ways. You can consult the international patent consultant of Pingkman cross -border intellectual services.
\u0026 nbsp; PCT international patent application government subsidy policy and PCT patent application condition analysis
\u0026 nbsp In recent years, the number of PCT patent applications in China has increased rapidly. China has surpassed the United States and became the country with the largest number of international patent applications. The Chinese government encouraged enterprises In major cities, companies and individuals who have successfully applied for international patent applications to give certain reward policies. Today, Pingckerman cross -border intellectual service editor will analyze the PCT patent application government subsidy policy of four cities in Beijing, Shanghai, Guangzhou and Shenzhen Essence
\u0026 nbsp; Beijing \u0026 nbsp;
Article 9 of the Municipal Patent Fund Management Measures stipulates: \u0026 nbsp;
The scope of patent funding includes: to apply to foreign countries through PCT pathway or Paris Convention. The cost of invention patent; \u0026 nbsp;
Tourism of patents abroad \u0026 nbsp;
In the United States, Japan, and the European Patent Administration, each country has not exceeded 20,000 yuan in each country; if the invention patent authorization is obtained in other countries, each country shall not exceed 1 10,000 yuan. There are no more than five countries for each invention patent. \u0026 nbsp;
The funding fee includes the official prescribed costs paid by the funding applicant to the relevant patent review agency and the patent agency service fee paid by the domestic patent agency. \u0026 nbsp;
Unit applicant's annual patent funding amount stipulated in this article is up to 1 million yuan, and the maximum funding of individual applicants will not exceed 10 10,000 yuan. \u0026 nbsp;
Shanghai
\u0026 nbsp;
According to Article 13 of the \"Shanghai Patent Funding Measures\": If the applicant applies for foreign patent funding, the patent funding for each invention does not exceed 5 countries, and the amount of funding for each country does not exceed RMB 30,000; The amount of funding for each country does not exceed RMB 3,000.
The funding project is the official prescribed fee paid by the applicant to the relevant patent review agency and the service fee paid by the domestic agency.
The total amount of foreign patent funding obtained by the same funding applicant of the same funding of the same funding does not exceed RMB 1 million.
\u0026 nbsp; [2018] According to \"2018 \"Guidelines for the Declaration of Patent Fund Fund Fund in Guangzhou\" stipulated:
\u0026 nbsp; Apply for patents through PCT channels and enter the national stage (foreign) funding to patent owners after entering the national stage (foreign). : It is a job applicant, funding 10,000 yuan/piece, which is a non -job applicant, and subsidizes 5,000 yuan/piece.
\u0026 nbsp; Funding the patent owner after the authorization of foreign invention patents: obtained the invention patent of the United States, Japan, the United Kingdom, the European Union, etc. RMB/piece; those who obtain \u0026 ldquo; Belt and Road \u0026 rdquo; invention patents along the route or region shall be funded by 20,000 yuan/piece; those who obtain invention patents in other countries or regions will fund 10,000 yuan/piece. The total amount of patent funding per piece does not exceed 80,000 yuan.
\u0026 nbsp; Shenzhen
The Municipal Intellectual Property Special Fund Management Measures \"stipulates that \u0026 nbsp;
Apply for one year after obtaining an overseas invention patent certificate One -time funding, each funded for up to 2 countries or regions.
\u0026 nbsp;
1. In the United States, the European Union, and Japan, the invention patent authorization is 40,000 yuan;
\u0026 nbsp; [123 ]
2. If the invention patent authorization is obtained in other countries or regions with a patent approval agency, each fund is 20,000 yuan; 3. If the invention patent authorization is obtained in Hong Kong, Macau and Taiwan, it shall be handled in accordance with the domestic invention patent application funding standards.
The funding of overseas invention patents is classified as a tax amount, and If the actual number of national taxes and local taxes, taxes and payment of taxes) are less than 100 million yuan (including 100 million yuan), the total annual funding does not exceed 1 million yuan; It does not exceed 5 million yuan), no more than 10 million yuan for 500 million yuan (including 1 billion yuan), and no more than 20 million yuan for more than 1 billion yuan. The national intellectual property demonstration enterprise and national intellectual property superior enterprise are not limited, but the same applicant (including enterprises, groups) shall not exceed 20 million yuan.
It can be seen that the standards for PCT patent funding are different. After seeing these government funding standards, are you very exciting? Let's take a look at the conditions that the PCT patent application must meet.
[ 123] \u0026 nbsp;
PCT is a special agreement opened only on the Paris Convention member under the Paris Convention, which is a supplement to the Paris Convention. Unlike the Paris Convention, the patent application submitted to the PCT can only be applied for invention patents or a practical new patent application, excluding the design patent application. \u0026 nbsp; 2. The applicant must be a member of the PCT contract
123] Any national or residents who belong to one of the PCT parties have the right to submit an international patent application. If there are multiple applicants in international applications, as long as one applicant meets this request. For example, China National Intellectual Property Office is PCT receivedAs one of the scientific bureaus, as long as the applicant meets one of the following conditions, he can submit an international application to the National Intellectual Property Office of China:
\u0026 nbsp; (1) China Citizen or Chinese legal person. \u0026 nbsp;
(2) Foreigners who have long -term residences in China or foreign legal persons registered in the Chinese business department. If there are multiple applicants, as long as one of the applicants is qualified. Different countries can designate different applicants.
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Pingkman cross -border intellectual service reminder that patent applicants can only apply for patents through PCT and cannot directly obtain patents through PCT. In order to obtain a patent of a country, the patent applicant must also perform the procedures for entering the country. The country's patent bureau reviews the patent application and a patent right is granted to the country's patent law.
\u0026 nbsp;
Government funding standards and PCT patent application conditions for PCT patent applications are introduced here. Application for international patents can not only lay out the foundation for overseas markets for enterprises to deploy overseas markets It can also be legally defending rights when patent technology encounters infringement. Especially in the cross -border e -commerce industry, patent infringement is one of the three major types of infringement in the cross -border e -commerce industry. It is also the most careless area for many cross -border sellers. Applying for international patent applications early can not only prevent infringement, but also some also have some. Failure to protect your legitimate rights and interests.
