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What should I do when I need to apply for a patent in China and submit a PCT application?
Release Time：
2023-03-24
What should I do when I need to apply for a patent in China and submit a PCT application?
Should the patent application be submitted to the CII before the PCT application or the PCT before the appointment of China as the international application receiving office?
Deep and credible analysis:
From the point of view of saving official fees, it is recommended to apply for PCT first and then designate China as the international application receiving Office.
The reasons are as follows:
When the PCT applies to enter China, if the international application receiving office is China, the application fee and application surcharge can be waived.
PCT international applications accepted by non-China bureaus should be paid in full.
If the search unit for the international stage is China, and the request for substantive examination is made at the time of entering the national stage, 100% of the substantive examination fee shall be reduced;
The international search unit is one of the PCT international applications of the Japan Patent Office, the Swedish Patent Office, and the European Patent Office.
If the request for substantive examination is made at the same time as the national stage, the substantive examination fee shall be reduced by 20%.
In short, the country designated by the China Bureau after accepting the PCT is China, the international search unit is China, and the application fee, application surcharge, and substantive examination fee can be waived.
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