Introduction to PCT International Applications

PCT is the English abbreviation of the Patent Cooperation Treaty (Patent Cooperation Treaty). It is an international treaty concerning patent applications and is a special agreement open only to the members of the Paris Convention under the Paris Convention. The treaty was concluded in 1970 and implemented in 1978. At present (as of July 15, 2001) there are 112 member states.
According to the provisions of the PCT, patent applicants can submit international applications through PCT channels and apply for patents in many countries. The PCT international application is first submitted by the patent applicant to its competent receiving Office or the International Bureau of the World Intellectual Property Organization (WIPO) (hereinafter referred to as the International Bureau), which is then searched internationally by the International Searching Authority and published by the International Bureau. If requested by the applicant, the international application is subject to an international preliminary examination by the International Preliminary Examining Authority.
The purpose of the international search is to provide prior art materials related to the international application; the purpose of the international preliminary review is to provide the international application with a preliminary examination of its novelty, inventiveness and industrial applicability. After the international phase of international search, international publication and international preliminary examination, patent applicants go through the formalities for entering the national phase.
China formally joined the PCT on January 1, 1994. The State Intellectual Property Office of China is the competent receiving office of nationals or residents in China (including Hong Kong, Macao and Taiwan), and is also an international search unit and international preliminary examination unit. Applicants from China (including Hong Kong, Macao, and Taiwan regions) who apply for an international application should entrust a foreign-related patent agency to handle it. Applicants from China (including Hong Kong, Macao and Taiwan) may submit international applications to the State Intellectual Property Office of China and the International Bureau. Such international applications may be inventions or utility models, but design applications cannot be submitted through the PCT.
It should be noted that patent applicants can only apply for patents through the PCT and cannot obtain patents directly through the PCT. In order to obtain a patent from a country, the patent applicant must also perform the formalities for entering the country. The patent office of the country will examine the patent application, and the patent right shall be granted in accordance with the patent law of that country.
As the PCT provides more convenience for applicants in terms of time, cost, etc., it is accepted by more and more applicants. The number of PCT patent applications showed an accelerating trend. In 2000, a total of 90,948 PCT patent applications were filed by various countries, an increase of 22% over 1999. In 2000, the Chinese Patent Office received 746 PCT patent applications, which was 3.34 times that of 1999. In 2000, the Chinese Patent Office received 15,802 PCT patent applications that entered China's national phase, an increase of 18% over 1999. It is speculated that after China officially joins the WTO, there will be more PCT patent applications entering the national phase of China.