PCT application is an efficient way for enterprises to establish global patent protection. By filing a single international application, protection can be sought in multiple countries. This article explains the PCT application process, key timelines, application number formats, and government support policies, helping companies achieve international patent layout with minimum cost and steps, and seize global market opportunities.

1.1 Definition and Essence

The Patent Cooperation Treaty (PCT) application is an international system allowing enterprises to submit patent applications to multiple countries through a single channel. It acts like a “global express” for patent filings, where one international application enables designation of over 150 member countries, avoiding the complexity of filing separately in each country.

For example, an electronics company wanting protection in Europe, the US, and Japan can file one Chinese – language PCT application and cover over 30 countries simultaneously, saving about 60% of the initial cost compared to traditional filing routes.

1.2 Why Choose a PCT Application?

• • Extended decision time: 30 months from priority date to decide on entering national phases, compared to 12 months under the Paris Convention.
• • Lower initial cost: Approximately 10,000 RMB for international application fees in the first year, versus 50,000 – 80,000 RMB for filing directly in 5 countries.
• • Unified filing date: The international filing date is valid across all designated countries, preventing loss of rights due to missed priority.
• • Higher chance of grant: International search reports help identify technical flaws early, enabling amendments before national phase entry.

2.1 International Phase (Key Steps)

1. 1. Filing the Application
• • Submit to the national patent office or International Bureau; domestic applicants usually file at their national office (allowing use of Chinese).
• • Required documents include the request form, description, and claims.
• • Pay the international application fee (about 1,330 Swiss francs, with possible reductions).
2. 2. International Search
• • Conducted by an International Searching Authority (e.g., CNIPA, EPO).
• • Search report issued within 4 – 6 months, listing relevant prior art.
• • Applicant decides whether to proceed based on the report.
3. 3. International Publication
• • Automatically published 18 months from the priority date.
• • Published in the language of filing (Chinese or English).
• • Publication grants provisional protection in designated countries.

2.2 National Phase (Entering Individual Countries)

1. 1. Selecting Target Countries
• • Must be done within 30 months from the priority date.
• • Common choices: US, Europe, Japan, South Korea, etc.
• • Each country requires separate national phase entry fees and translation costs.
2. 2. Submitting National Phase Documents
• • Translation into the local language (e.g., German for Germany).
• • Additional documents like declarations or drawings as required.
• • Responding to examination office communications similar to domestic patent prosecution.
3. 3. Grant of National Patents
• • Examination duration varies by country (e.g., 2 – 3 years in the US, 1 – 2 years in China).
• • Examination standards governed by local patent laws, independent from the international phase.

For instance, a new energy company planning to enter 5 countries saves 60% of initial costs using PCT compared to the Paris Convention route, gaining an additional 18 months for market research.

4.1 Important Deadlines

4.2 Time Management Tips

• • Set reminders 3 months in advance for preparation (e.g., translation before national entry).
• • Use grace periods when available (some fees payable within 1 month late with surcharge).
• • Enter core markets first, delay others if needed.

5.1 Domestic Subsidies

• • National level: Up to 5,000 RMB subsidy per PCT application for small and micro enterprises.
• • Local policies:
• • Beijing: 20,000 RMB subsidy for PCT applications entering Europe, US, Japan.
• • Guangdong: 70% subsidy on international phase fees, max 15,000 RMB.
• • Jiangsu: Additional 5,000 RMB subsidy per country upon entering national phase.

5.2 Fee Reduction Conditions

• • Small and micro enterprises: 90% reduction on international application fees (with certification).
• • Individual applicants: 75% fee reduction.
• • Electronic filing: 10% discount compared to paper filing.

A tech SME managed to reduce their international phase fee to 3,000 RMB after subsidies, significantly lowering offshore costs.

6.1 International Application Number

Format: PCT/CN2023/123456

• • PCT: fixed prefix
• • CN: receiving office code (China)
• • 2023: application year
• • 123456: serial number

6.2 International Publication Number

Format: WO2024/123456A1

• • WO: WIPO identifier
• • 2024: publication year
• • 123456: publication serial number
• • A1: document kind code (A = international publication, 1 = first publication)

6.3 National Phase Application Number (China example)

Format: 2023800XXXX.XX

• • 2023: year
• • 8: PCT national phase invention patent
• • XXXX: serial number

1. 1. Must I file domestically before filing a PCT application?
   No, but it is recommended to file domestically first as it forms the priority basis, offering a 12 – month priority period. The domestic application can also be directly used for the PCT filing, saving drafting time. Direct PCT filing without domestic application is possible but requires attention to novelty.
2. 2. Within how many months from the priority date must the PCT application be filed?
   Within 12 months. Filing after this period loses priority rights and the filing date is the actual submission date, potentially losing novelty.
3. 3. How to get government aid for PCT applications?
   Support includes fee subsidies (e.g., 50% reduction on international fees), training services by IP offices, and expert consultation via national overseas IP platforms. SMEs and high – tech enterprises have higher success rates.
4. 4. Can individuals file PCT applications?
   Yes, under the same conditions as enterprises. Individuals can benefit from fee reductions (up to 75%). Personal inventions by students or researchers are recommended to file in individual names.
5. 5. What is the use of the international search report?
   It helps evaluate the likelihood of grant, guides amendments to claims, and informs decisions on which countries to enter.
6. 6. What if I miss the 30 – month deadline for entering national phase?
   Some countries allow grace periods with late fees (e.g., US allows 2 months). Otherwise, rights are lost. If the invention is unpublished, a new national filing may be possible, but with a new filing date.
7. 7. When does provisional protection from a PCT application start?
   From the international publication date (usually 18 months from priority). It provides provisional protection allowing claims for royalties after grant but not direct infringement lawsuits.

8.1 Cost – saving Strategies

• • Select core countries initially; delay entry to others.
• • Use fee reductions for SMEs.
• • Share translation costs for less common languages.
• • Abandon low – value applications early based on search reports.

8.2 Improving Success Rates

• • Optimize claims for broad yet stable protection

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