Guide on Entering into the National Phase Proceeding

 in P.R.China for the PCT Patent Application

 

 

 

Necessary Documents

 

(1) Order Letter, indicating the title of invention; PCT patent application number & Int’l filing date; the English name & address of the applicant/inventor (for the foreign client) as well as the designated Chinese name & address (or entrust us to translate from English into Chinese); the filing date & application number of the basic application (if the convention priority is claimed).

 

(2) Power of Attorney executed by the applicant (notarization or legalization is not needed), may be late-submitted within 2 months from the Chinese entering date.

 

(3)     Int’l Publication Text of PCT Patent Application, including the published Abstract; Description; Drawing & Claim. If the PCT patent application has not been published yet, the applicant should provide the copy of the original Int’l application specification.

 

(4) Int’l Search Report (Form PCT/ISA/210)

 

(5) Int’l Preliminary Examination Report (Form PCT/IPEA/409), the Annexes (if any) i.e. the amended sheets of the application documents under the Article 34 of PCT should also be provided together with the Text.

 

 

Conditional Documents

 

(1) Form of Assignment for the PCT Patent Application Right executed by the old & fresh applicants, which is needed if the applicant of entering into the national phase proceeding in P.R.China is different from that of PCT patent application shown in the Int’l publication, and may be late-submitted within 2 months from the Chinese entering date.

 

(2)  Form of Assignment for the Priority Right executed by the applicant of basic application, which is needed if the applicant of entering into the national phase proceeding in P.R.China is different from that of the basic application to be claimed as the convention priority, and may be late-submitted within 2 months from the Chinese entering date.