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How do I file a patent application abroad?

Release Time：

2015-11-24

At present, there are three ways to apply for a patent abroad: firstly, applying for a patent directly to a foreign country or submitting an international application for a patent to the relevant foreign organization; secondly, applying for a patent to the patent administrative department under the State Council and then intending to apply for a patent to a foreign country or submitting an international application for a patent to the relevant foreign organization; and thirdly, submitting an international application for a patent directly to the State Intellectual Property Office of China. According to the provisions of Article 20 of the Patent Law, any unit or individual who applies for a patent abroad for an invention or utility model accomplished in China shall report to the State Intellectual Property Office for confidential examination in advance. In the above three cases, if the applicant applies for a patent directly to a foreign country or submits an international application for a patent to a relevant foreign organization, the applicant shall make a request to the State Intellectual Property Office in advance and explain in detail its technical scheme; if the applicant intends to apply for a patent to a foreign country or submit an international application for a patent to a relevant foreign organization after applying for a patent to the State Intellectual Property Office, he/she shall make a request to the State Intellectual Property Office before applying for a patent to a foreign country or submitting an international application for a patent to a relevant foreign organization. A request shall be made to the State Intellectual Property Office before applying for a patent to a foreign country or submitting an international application for a patent to a relevant foreign organization; if an international application for a patent is submitted to the State Intellectual Property Office, it shall be regarded as a request for a confidential examination.

The procedures for applying for a patent in a foreign country through the second and third ways are as follows: (1) Filing a Chinese patent application. An organization or individual who has made an invention or creation may first file a national application with the State Intellectual Property Office. Then, file an international application within the twelve-month priority period and claim priority. (ii) Preparation of application fee. Filing an international application also requires payment of fees to the foreign patent office and agent, and payment of fees for the international phase of the PCT. (iii) Procedures for the examination and approval of the international application. It consists of two stages: the international stage and the national stage. The international stage is the first stage of the international application examination and approval procedure, including the acceptance of the international application, formal examination, international search and international publication and other mandatory procedures as well as optional international preliminary examination procedures. The national stage is the second stage of the international application examination and approval procedure, which mainly involves the submission of a translation of the international application documents to the country designated by the applicant according to the regulations of each country and the payment of the prescribed national fees. After the international application enters the national stage, the application is examined by each country in accordance with its Patent Law and a decision is made as to whether or not to grant the patent right.

Source: Beijing 12330

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