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The Patent Cooperation Treaty (in initial "PCT")
was concluded in 1970 and became effective in 1978.
China joined PCT and it became effective in China on
January 1, 1994. The Chinese Patent Office also becomes
a PCT International Receiving Office, International
Search Authority as well as International Preliminary
Examination Authority.
A PCT application has two phases: PCT International
Phase and PCT National Phase.
1. International Phase: (1) receiving patent application
and undertake preliminary examination;
(2) International Search;
(3) International Preliminary Examination
2. National Phase: relevant PCT member states exam
and decide whether the PCT application can be
allowed to become a patent in its country
Qualification of PCT Applicant:
The Treaty stipulates that citizens or residents of
the member states have the right to file International
applications. Accordingly, Chinese citizens (including
entities and individuals, no matter whether its residential
address or business office address is inside or outside
China) or residents (no matter whether his/her nationality
is Chinese) can file the International applications.
The advantages in filing PCT application:
1. one application, in one language (Chinese), filed
to one receiving office (the Chinese Patent Office)
can obtain the same filing date in each designated countries;
2. with minimum cost, can postpone the national phase
entry to the 30th month from the priority date, or 32nd
month in some countries, enables the applicant to be
in a better situation to collect the fees for national
phase;
3. before entering the national phase, can evaluate
the economic values of the invention and the possibility
of approval to be a patent; having more time to prepare
a high quality translation for the examination purpose
of each national Patent Office;
4. several chances in the international phase to amend
the specification, the amendments made in the international
phase can be effective in all designated countries.
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