The Patent Cooperation Treaty (PCT) is an international treaty that simplifies the process of filing patent applications in multiple countries. It was signed in Washington in 1970 and came into effect in 1978. As of September 30, 2018, 152 countries have joined the PCT. China joined the treaty on January 1, 1994, and the China National Intellectual Property Administration (CNIPA) acts as a receiving office, international search authority, and international preliminary examining authority for PCT applications filed by Chinese citizens, residents, and entities. This article aims to provide a comprehensive understanding of the PCT international patent application process, its benefits, and the two stages involved.

A PCT international application is an application filed under the Patent Cooperation Treaty. The PCT is designed to reduce the duplication of work for applicants and patent offices when filing for patents in multiple countries or regions for the same invention. As a special agreement under the Paris Convention, the PCT is only open to Paris Convention member states and serves as a supplement to it.

There are two main pathways for Chinese applicants to apply for patents abroad:

1. The traditional Paris Convention route: To obtain patents in multiple countries or regions, applicants must submit multiple applications and pay the required fees to the patent offices of each country or region within 12 months from the priority date.

2. The PCT route: Applicants can submit a single PCT international application to the CNIPA (receiving office) within 12 months from the priority date. The international filing date, determined by the receiving office, has the effect of a regular national application in all PCT member countries from the international filing date. Applicants can then handle the national phase procedures in the desired countries or regions within 30 months from the priority date. Each country’s or region’s patent office will make decisions on whether to grant patent rights based on their national laws for PCT applications that successfully enter the national phase.

When a PCT international application is submitted, the receiving office determines the international filing date. The international application has the effect of a regular national application in each designated country from the international filing date. Except for designated countries that have made reservations regarding the provisions of the PCT and its Implementing Regulations, the international filing date is the actual filing date in each designated country.

There are several advantages to using the PCT route for patent applications:

1. Simplification of application procedures: Applicants can write application documents in their familiar language (Chinese or English) and submit them directly to the CNIPA.

2. Delayed decision-making and accurate investment of funds: During the international phase, applicants receive an international search report and a written opinion. Based on these, they can preliminarily judge the patentability of their invention and then, as needed, voluntarily handle the procedures for entering one or several countries or regions within 30 months from the priority date, which includes submitting the required documents and paying the required fees.

3. Improvement of application documents: Applicants can modify their application documents based on the international search report and the international preliminary examination report on patentability.

The PCT international application process is divided into two stages: the international phase and the national phase.

1. International Phase: The international phase includes the filing of the application, international search, and international publication. If requested by the applicant, the international phase may also include the international preliminary examination procedure.

2. National Phase: The granting of patent rights is completed in the national phase by the designated or selected patent offices of each country or region.

The PCT international patent application process offers a streamlined and efficient way for applicants to seek patent protection in multiple countries. By understanding the benefits and stages of the PCT process, applicants can make informed decisions about their patent strategies and optimize their international patent applications.

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