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Filing a New Application

cn patent basics

Paris Convention and PCT (Patent Cooperation Treaty) - Two common ways for foreign applications entering China

Paris Convention and PCT are two common ways for foreign companies and individuals applying for patents in China. These two ways are differentiated from each other by many aspects.

Main Differences

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Pros & Cons

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Documents for filing required

Commonly required for Invention, Utility Model and Design:

- Request form

- Power of Attorney

- Copy of priority, if the application enters China via Paris Convention

Special for Invention & Utility Model:

- Specification, including abstract, drawing of abstract, claims, description and drawing(s) of description

- Amendments under PCT Article 28/41/19/34

- If an invention and a utility model are filed on the same day by one applicant, it shall state with the request that another application has been applied. The invention is thus allowed to be granted, if the patent right of the utility model obtained first has not been terminated, and the applicant claims to waive it.

Special for Design:

- Drawing(s) or Photo(s)

- Brief Description

Substantive Examination (only for Invention)

The request for substantive examination shall be made within three years from the filing date (or from the priority date, if a priority is claimed) with related fee paid within this time limit.

Voluntary amendments

As regard to an application for an invention, there are only two opportunities for the applicant amending the application document on his own initiative.

- When a request for substantive examination is made; and

- Within three months from the date of receipt of the notification of entering substantive examination.

As regard to an application for a utility model, there is only one opportunity for the applicant amending the application document on his own initiative.

- Within two months from the filing date.

Take invention as an example, an overview of the prosecution proceedings are shown below.

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