PCT Patent.doc

Introduction to Entering National Phase in ChinaUnder Patent Cooperation Treaty（PCT）1. General Introduction (1) Types of patent: patent for invention and patent for utility model(2) Examination procedures: 1) Invention: acceptance, preliminary examination, national publication, substantive examination and final decision. 2) Utility model: acceptance, preliminary examination and final decision. No national publication and substantive examination. 3) Duration of Patents: Patent for Invention: twenty years from filing date. Patent for Utility model: ten years from filing date. 2. Documents and Materials Necessary for Filing a PCT Patent Application Entering the National Phase in China(1) Instruction Letter, indicating:1) title of the invention/utility model2) type of patent application3) PCT International filing number and date4) name(s), address(es), and nationality(ies) of applicant(s) and inventor(s)5) priority application date, number and country if claiming foreign priority6) whether or not substantive examination request is to be filed simultaneously,7) the date by which the application must be filed, etc.If a foreign applicant or an inventor has its/his/her Chinese name and/or address, the Chinese characters are requisite to avoid any possible different versions.(2) Power of AttorneyPlease make use of our Power of Attorney form/General Power of Attorney form, which may be found and downloaded from our website: The original copy should be signed and dated by the applicant.If the Power of Attorney form is used, one Power of Attorney shall be submitted for each application.If the General Power of Attorney form is used, one General Power of Attorney will cover all future patent applications.(3) PCT Application Documents 1) the International Search Report and the International Preliminary Report on Patentability of Chapter I;2) the PCT international publication documents, including: a cover page of the publication, description, claims, abstract and drawings(if any).3) If amendments based on PCT Article 19 have been made and the applicant wishes the amendments to be the part of the Chinese national phase application, the amendments shall be provided.4) If amendments based on PCT Article 34 have been made and the applicant wishes the amendments to be the part of the Chinese national phase application, the International Preliminary Report on Patentability of Chapter II as well as its annexes shall be provided.5) If new amendments based on PCT Articles 28 or 41 are to be made, the amendments shall be provided and must be filed at the same time when filing the Chinese national phase application.3. Notes: (1) If the Power of Attorney fails to be submitted when filing the application, same can be filed later. Please make sure that the date of execution shall be earlier than the date of entering into the Chinese national phase.(2) PCT applications to enter into the Chinese national phase shall be filed within thirty months from the priority date.If applications fail to enter into the Chinese national phase within thirty months from the priority date, the time limit may be extended up to thirty-two months from the priority date subject to the payment of a fee.(3) If the applicant provides a copy of the International Search Report made by EPO or JPO or Swedish Patent Office, the Chinese Patent Office will deduct 20% of the examination fee.(4) If the Chinese Patent Office has not received the PCT publication documents from the International Bureau at the time when the PCT application enters into the national phase of China, the Chinese Patent Office will refrain from issuing a Filing Receipt.(5) The additional fees for the specification (including drawings) in excess of 30 pages or for the additional claims in excess of 10 claims will be charged based on the PCT international publication documents.(6) If new amendments for a PCT application failed to be submitted when filing, they can be submitted at the time when requesting for substantive examination or within three (3) months from the date when the Notice of Entering the Substantive Examination Procedure is received. (7) If there are any changes of the applicant during the international phase, a copy of the FORM of PCT/IB/306 and relevant supporting materials, such as certified/notarized copy of Assignment, Certificate of Name Change, etc., are required when entering the Chinese national phase.(8) If there is any deficiency left from the international phase, the applicant shall request the International Bureau to correct and notify the Chinese Patent Office. For any deficiencies that arise after entering into the Chinese national phase, the request for correction will be treaded according to the Chinese Patent Law.(9) Since the Chinese Patent Office accepts application documents only in Chinese version, it is highly recommended that the filing documents be forwarded to us at least two weeks prior to the date by which the application must be filed or the date on which the priority period expires so that we may have sufficient time to prepa