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★The Patent Cooperation Treaty (PCT) is an international treaty on patents. Under the PCT, a patent applicant can file a single "international" patent application through the PCT route (rather than filing separate patent applications in many different countries) and request simultaneous patent protection for his or her invention in a large number of countries.
★PCT patent applications are divided into international stages and national stages. In the international stage, the International Bureau accepts patent applications, international search, international publication, preliminary examination and other steps. After the international phase, the patent applicant goes through the formalities to enter the national phase, in which the national or regional Patent Office is responsible for the grant of patent rights.
★Patent applicants can only apply for patents through the PCT, and cannot obtain patents directly through the PCT. In order to obtain a patent in a certain country, the patent applicant must also go through the formalities of entering the country, the Patent Office of the country examines the patent application, and if the patent law of the country is complied with, the patent right is granted.
★As of March 2017, there are 152 States parties to the PCT.

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PCT Benefits

Enhance International Competitiveness

Once a patent is granted in a designated country through a PCT application, a company can greatly improve its competitiveness in the relevant country and effectively enhance its international image.

Government Funding

Local governments have issued corresponding policies to reward and subsidize PCT patent applicants. It is a necessary prerequisite for enterprises to apply for high-tech enterprises, innovation funds and other science and technology plans and projects, and applying for international patents through PCT is the basis for enterprises to participate in international market competition.

Accurate Investment of Funds

In the international phase of the PCT, the applicant will receive an international search report, based on which the applicant can initially judge the licensing prospects of his patent application, and then can enter a country or countries for PCT national phase examination as needed within 30 months from the priority date, because the decision time can be delayed, so that the funds can be accurately invested into the national phase.

Simplify Formalities

By filing a single application, you can apply for a patent in all Contracting States. Applicants can write their application documents in their own language (Chinese or English) and submit them directly to the State Intellectual Property Office of the People's Republic of China.

Delay Decision Time

When filing a general patent application in a foreign country, the patent applicant must file the patent application with the Patent Office of each country within twelve months after the date of the initial filing of the patent application. With the PCT patent application, the international patent application can be entered into each country within 30 months from the date of the first filing of the patent application.

Complete the Application Documents

Through the PCT international application procedure, you can have two opportunities to amend the PCT international application document, the applicant can modify the application document according to the international search report and the international preliminary examination report, to achieve the effect of improving the patent application document.

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★China is a member of the Paris Convention for the Protection of Industrial Property (the Paris Convention), and Chinese applicants can directly file patent applications with other Paris Convention member States on the basis of the Chinese application; Regional patent applications can also be filed through regional patent organizations (e.g. European Patent Office, Eurasian Patent Organization, African Intellectual Property Organization, etc.).
★According to the provisions of Article 29, paragraph 1, of the Patent Law, the applicant may, within 12 months from the date of the first application for a patent for an invention or utility model in China, or within six months from the date of the first application for a patent for a design in China, file an application for a patent on the same subject matter in a member State of the Paris Convention in accordance with the provisions of the Paris Convention and enjoy priority.
★After applying for a patent in China, the patent application must be submitted to the patent agency of the target applicant country through a foreign-qualified agency before the deadline of the priority date. After the priority period has expired, if the original application has not been made public, a foreign patent can still be applied for, but at this time it no longer enjoys priority.
★The Paris Convention has 177 member States (as of May 2017).

The Benefits of the Paris Convention

Quick and Fast

Quick, quick, short time. Approval can be obtained quickly in certain countries, and patent rights can be licensed, transferred and used for other purposes. Through the Paris Convention approach, patent applications enter the national stage of examination in the target country within 12 months. International patent applications are generally subject to substantive examination and granted earlier than PCTS, which take about 30 months to enter the target country.

Reduce Costs

If you plan to apply for a patent in only one or two countries, the cost of this route is relatively low, and because of the independence of the patent system, patents filed in multiple countries may be granted in some countries, at least in some countries with registration systems.

Can Be Authorized Grounds

Patent rights may be granted in some countries, which can be used to sufficiently persuade examiners in other countries to make licensing decisions, such as German patents, European patents, etc., can be used for this purpose.

A Wide Range of Patents Are Accepted

China's patent law stipulates three types of invention-creation: invention, utility model and design. The Paris Convention can accept these three types of inventions, while the PCT can only accept inventions and utility models, if the enterprise wants to apply for patent protection of design in a foreign country, it can only choose the Paris Convention this way of application.

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★A European patent is a patent examined and granted by the European Patent Office (EPO) in accordance with the European Patent Convention (EPC) and can be effective in the member States of the European Patent Organization. At present, the European Patent Organization has a total of 38 member States (including 34 Contracting States and 4 extension States; Includes all 27 member states of the European Union).
★The European Patent Organization is composed of two parts, the European Office and the Administrative Board, the European Office is headquartered in Munich, Germany. Application documents can be in English, German or French. You can also submit your application in any language, and then submit a translation in English, German, or French within two months of submitting your application.
★The application process of the European patent is actually the unification of the application and examination procedures of each member state. Patent protection can be obtained in multiple countries through a single European patent.
★The maximum period of protection for a European patent is 20 years from the date of filing. The maximum period of protection of European patents in the field of medical or plant protection varieties may be appropriately extended. An annual fee is required from the third year of the application date.
★There are two ways to apply for a European patent:
Direct route: Submit a new application directly to the EPO, which also includes the Paris Convention route;
PCT Route: The PCT application enters the European stage and the entry period is 31 months from the earliest priority date.

The Benefits of a European Patent

Reasonable Cost

The uniform application procedure conducted at the EPO has clear advantages over the direct application of domestic procedures. When a patent seeks protection in three or more States parties, the process is simpler and less costly.

Single Direct

The European Patent application can be applied to the single patent application system of all member States of the European Patent Organization (including the European Union), and it can be directly designated in the target country and granted a patent, or it can be designated in the effective country after the authorization of the European Patent Office.

Simple Process

Filing a European patent application can translate the application document into one language (English, German, French), which is a much simpler process than the translation of the official language of each country for a separate patent application.

Temporary Protection

A published European patent application enjoys temporary protection, at least not less than the same level of protection enjoyed by a national patent application of a Contracting State (Article 67 of the European Patent Treaty).

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★Single-country patent application means that the applicant directly applies for a patent in a foreign country or region according to the relevant legal systems of different countries, the procedures for applying for patents, the information required to provide, the application costs, etc., and the acceptance unit is the intellectual property office or department of the specific country or region.
★According to the Patent Law of the People's Republic of China, those who apply for a patent abroad for an invention-creation completed in China shall first apply for a patent in China. When applying for a patent abroad, it is necessary to entrust an agency with foreign-related patent agency qualifications to handle the relevant procedures.
★Single country refers to the United States, Germany, France, Japan, South Korea, Switzerland, Singapore, Australia, Indonesia, Thailand, Vietnam, Canada, Ireland, the Netherlands, Belgium, Luxembourg, France, Monaco and other more than 200 countries and regions in the world.
★A single country applies for a patent, and the type and period of patent protection are specified by the relevant legal system of the specific country, such as Japanese patents are divided into invention patents (franchise), designs (meaning), utility models (Mi Mi Xin case), and the protection period is 20 years, 15 years, and 10 years from the date of application. South Korea's patent types are divided into design patents, utility model patents, and invention patents, and the protection period is 20 years, 10 years, and 20 years from the filing date, respectively.
★Single country application is a more common application method, and the application and examination time is shorter than other methods. Most of the materials required by the applicant, including the power of attorney, the contract of entrustment and the transfer contract, are provided in the form of the agency company, and then signed by the applicant.

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Benefits of Patent Applications

Monopoly Market

Patent is a weapon of market competition, as long as a product is granted a patent, it is equivalent to having an exclusive right in the market, others want to use the need to get permission, while applying for international patents is also the need for enterprises to go abroad to participate in the international market competition.

Intangible Assets

Once a pure technology is granted a patent, it becomes an industrial property right, forming an intangible asset and having value. A technological invention for which a patent right has been examined and granted by the Patent Office is an internationally recognized intangible asset. The patent right may obtain economic benefits by means of licensing, transfer, etc., and may be pledged or mortgaged for loans.

Technical Protection

After the patent is granted, the technical invention is exclusive and can prevent others from imitating and infringing on the new technology and new products developed by the enterprise.

Honor Value

In terms of personal honor, you can integrate into the household, assess the title, and realize personal value. In terms of corporate honor, the quality and quantity of patents are the embodiment of the enterprise's innovation ability and core competitiveness, and enhance the brand image and value of the enterprise.

Enterprise Publicity

Advertising and promotion, products with patent labels will increase the reliability and credit of the product, improve the visibility of the enterprise, and the market reputation is good.

Policy Incentive

Local governments have issued corresponding policies to reward and subsidize patent applicants. Having a patent is a necessary prerequisite for the application of various science and technology plans and projects such as high-tech enterprises and innovation funds.

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★According to the EU design Regulation, "design" is defined as the presentation of a product in whole or in part, in particular as reflected in the product itself and/or its decorative lines, contours, colours, shapes, surface structures or materials.
★The EU Design (" Community Design ", or "Community design") is unique and has the same effect throughout the EU (made up of 27 member States), it can only be registered for the entire EU, and the EU design only needs to submit a single application to protect the 27 member States at the same time, the list of member states is as follows: Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Netherlands, Ireland, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Romania, Bulgaria, Croatia.
★The protection period of EU appearance patents is longer, the protection period is 5 years from the date of filing, and can be renewed four times after the expiration of 5 years each, up to 25 years from the date of filing.

The Benefits of the EU's Appearance

Wide Range of Protection

Applying for product design patent protection in the EU can obtain multi-country patent protection within the EU member states at one time, rather than having to make a separate design patent application in each member state.

Unified Examination and Approval Standards

Applying for a design patent in the EU can avoid different understandings of the same design in different countries and greatly reduce the risks in the design patent application process.

Low Cost

Applying for an EU design patent can obtain the design patent protection of all EU member States at a lower cost, significantly saving the time and cost required to apply for a patent.

Simple Application Process

Design patents have high limitation requirements, the EU appearance examination time is short, the process is simple, and the entire application process can be completed in 1-2 months.

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Madrid EU Trademark Single Country

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★There are two main ways for applicants to apply for registered trademarks abroad: one is to register one by one, that is, to apply for registration with the trademark authorities of each country; One is the Madrid International Registration of Marks, that is, the registration of marks between member States of the Madrid Union in accordance with the provisions of the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the "Madrid Agreement") or the Protocol relating to the Madrid Agreement on the International Registration of Marks (hereinafter referred to as the "Madrid Protocol"). We usually refer to the international registration of trademarks, refers to the Madrid international registration of trademarks.
★The Madrid System provides a one-stop solution for registering and managing trademarks around the world, and the required language is French.
★To protect your trademark in 98 member territories, use one language, file one application, and pay one set of fees.
★Exporting businesses, large and small, need reliable, convenient and cost-effective mechanisms to protect their trademarks in the relevant markets, and the registration of trademarks through the Madrid System means that all trademarks can be managed through a centralized system.
★The Madrid trademark application requires a basic application, that is, the trademark to be registered in Madrid must first be registered in the applicant's country of origin or obtained a notice of acceptance.
★The Madrid application may also extend to a Contracting Party the protection obtained through an international registration by way of a later designation.

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The Benefits of Madrid

Extensive Geographical Coverage

The Madrid System has the potential to provide simultaneous protection across 114 of its 98 members, including the European Union, the African Intellectual Property Organization (OAPI), the vast majority of developed countries, and many developing and transition countries. These countries represent more than 80 percent of the world's trade. The number of members increases every year.

Cost Saving

Submitting one international application is equivalent to submitting one Eastern country application, which can effectively save time and cost. The Madrid system also eliminates the need for multiple language translation fees.

Facilitate Market Expansion

With the development of enterprise strategy, protection can be extended to New Territories and new markets through the Madrid system, which contributes to market expansion and enterprise development.

Program Simplification

Through the Madrid System, international registration can be obtained in multiple territories by filing an international application in one language (English, French or Spanish) and paying a set of fees in Swiss francs.

Centralized Management

The Madrid System is a centralized submission and management process. Through the Madrid System, trademarks can be managed and maintained through a centralized system, eliminating the need to spend time on administrative procedures in multiple offices.

Government Support

Registered overseas trademarks, Shenzhen enterprises and individuals can get up to 500,000 government subsidies every year: trademarks registered through Madrid way Shenzhen government funding 2000, through the EU, African intellectual property Organization registration, Shenzhen funding 10000 per piece, in the United States and other single countries registered, 5,000 yuan per piece of funding.

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★The EU TradeMark is also known as the European Community TradeMark (CTM), and the EU Trademark Office is located in Alicante, Spain.
★Eu trademark applicants are not limited to nationals of EU member States, nationals of other countries such as the Paris Convention and the World Intellectual Property Organization (WIPO) can also apply.
★Trademark registration in the European Community is based on the principle of first application. The types of trademark registration include commodity trademark, service trademark, collective trademark, three-dimensional trademark, color trademark, sound trademark and odor trademark. The International Classification of Goods and Services for Trademark Registration shall be adopted for trademark registration.
★Eu trademark registration only requires a single application to protect 27 Member States at the same time, and the list of member States is as follows: Germany, France, Italy, Belgium, Luxembourg, Denmark, Sweden, Spain, Portugal, Finland, Greece, Austria, Netherlands, Ireland, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Romania, Bulgaria, Croatia.
★A trademark application may cover a maximum of 3 categories of goods or services, and if more than 3 categories are covered, an additional fee shall be charged for each category.
★The EU trademark protection period is ten years, renewable, each renewal of the protection period is ten years.

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Benefits of EU Trademarks

Protected Program Set

A trademark registration can be protected in the 27 member States of the European Union, and decisions on trademark cases are enforced in all countries of the European Union.

Low Cost

You only need to apply for registration once to use the trademark in all 27 member States of the European Union. The cost is significantly reduced compared to filing separately in each member State. Renewal costs are also lower.

The Premise is Easy to Meet

The EU trademark gives registrants a grace period of five years, during which the trademark can be protected even if it is not being used. Before the expiry of the 5-year grace period, the use of a registered mark in only one EU member State is sufficient to counter an application for revocation on the grounds of unused mark.

The Priority of the Paris Convention

Through the EU registered trademark, enjoy the priority of the Paris Convention. The same mark, which is used in the name of one or more specified goods or services, may enjoy priority when applying for a Community mark six months after the application by a member State of the Paris Convention.

Enjoy Prior Rights

Prior rights in all EU member States. A registered trademark that has been published in a Member State of the European Union may claim priority when applying for an EU trademark.

Policy Incentive

To register overseas trademarks, Shenzhen enterprises and individuals can get up to 500,000 yuan of government funding every year; For trademarks registered through Madrid, the Shenzhen Municipal government grants 2000, and obtains registration through the EU and African Intellectual Property Organization, the Shenzhen Municipal Government grants 10000 per piece, and those registered in other single countries such as the United States receive 5,000 yuan per piece.

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★Single-country trademark registration means that the applicant applies for trademark registration by entrusting a trademark agency or directly to a foreign country or region.
★The registration of a single country trademark shall be handled in accordance with the specific legal procedures of the applicant country, and the corresponding trademark registration fees shall be paid in accordance with the charging standards of different countries, and the trademark protection shall be obtained within the specified period of the corresponding country.
★Single country or region registration refers to the direct application for the registration of trademarks in more than 200 countries and regions around the world such as the United States, Germany, France, Japan, South Korea, Switzerland, Singapore, Australia, Indonesia, Thailand, Vietnam, and Canada.
★Single country registered trademarks, only a few countries require that there must be domestic registration, most countries can not be based on domestic registration to apply, as long as the trademark has a certain significance, it is easier to obtain trademark registration.
★After the application documents are submitted to the national intellectual property authorities, the official will generally issue a trademark registration application acceptance document, which records the application date and application number. After the issuance of the accepted documents, the official of the countries began to apply for trademark review, the review time varies from country to country, such as after the review in line with the laws of the countries, the trademark application will be announced, after the announcement is a few months of opposition period, such as the opposition period of the trademark has not been challenged, then the trademark is legally registered protection.

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The Benefits of a Single Country

Wide Range of Registration

About 200 countries and regions in the world can be registered one by one, the registration method is more flexible, safe, and can carry out more effective late attention, which is more suitable for large enterprises or enterprises with relatively high requirements for rights protection, or enterprises without the country of origin registration, but need to use trademarks overseas.

Government Funding

Flexible Application

In most countries in the world, one by one registration does not require the registration basis of the country of origin, and enterprises are more free to apply for what kind of trademarks and what kind of goods or services they want to designate. Therefore, enterprises can achieve trademarks before goods into overseas markets, and can expand the protection of brands.

Relatively Little Risk

By registering a trademark in a single country, a prior search is generally conducted in that country, and the applicant can know clearly whether his trademark has been registered in that country, what the result of the trademark application will be, and whether the use of the trademark in that country will involve infringement.

Convenient for Safeguarding Rights

Single-country registration is generally carried out through the local intellectual property law firm or law firm, after successful registration, not only can get the registration certificate issued by the official of the country, but also can issue the ownership certificate in time to avoid the expansion of losses. In addition, the registration hand monitoring and tracking, infringement or others malicious registration and other problems can be found and dealt with in a timely manner.

Relative Stability of Power

The country in which the trademark is applied is subject to the jurisdiction of the relevant Chinese trademark laws, and the exclusive right to use the trademark will remain stable within the validity period, except that the right holder seriously violates the trademark laws of the country. In addition, when the registered trademark is about to exceed the validity period, the agency will generally remind the renewal to avoid the lapse of power.

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