Elgar Intellectual Property Law and Practice series
Edited by Stefan Luginbuehl and Peter Ganea
Chapter 10: PCT APPLICATIONS
Examination of a PCT application upon entry into the Chinese national phase is very similar to the examination of a non-PCT application. However, there are some practical points to observe, and knowing these can ease prosecution in the Chinese national phase (‘PCT-CN entry’) and enable the applicant to obtain better patent protection at reduced costs. It is important to note the minimum requirements for effecting the PCT-CN entry. In order to successfully enter the Chinese national phase, the following three requirements must be fulfilled: A written statement in Chinese stating that the applicant desires to enter the Chinese national phase indicating the PCT application number and the type of protection sought by such entry. Specifically, this written declaration must indicate whether the applicant seeks invention patent or utility model protection. This requirement is typically fulfilled by completing a proper application form. Payment of application fee, publication fee, and restoration fee (this will be explained later) if necessary. The specification in Chinese, including description and claims. If any one of the above is not satisfied, the Chinese SIPO will deem the international application not to have entered the Chinese national phase. The following should be observed: The applicant must indicate whether invention patent or utility model protection is sought.
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