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Patent- PCT

Summary

Taiwan is not member state of Patent Cooperation Treaty, hence Taiwanese applicants can only files PCT Applications through SIPO in China with nationality of China. When filing national entry of PCT Application in member countries, the translation of specification should be consistent with international publication unless amendments are entered during international phase. After PCT Application is entered into national phases in member countries, the examination proceeding is same as independent patent application in that county. Please note some member countries do not accept direct entry from PCT Application, therefore, PCT Application shall be filed as regional patent application and then further enter into some member country after regional patent is granted.(For example, there is no direct entry from PCT Application in France, Holland or Italy. Hence, PCT Application can only enter as European Patent Application and further validates in the above countries after European Patent is granted).

Application Procedure

  1. Filing PCT Application with WIPO: Filing PCT Application with WIPO through SIPO in member state China.
  2. Voluntary amendment: WIPO will issue international search report to applicant about 6-9 months from filing date, the applicant can decide whether to file initiative amendment of claims based on International search report.
  3. International Preliminary Examination (optional): The applicant can request international preliminary examination before 19 months from filing date or earliest priority date (it is not mandatory). If the applicant chooses to request preliminary examination, WIPO will issue International Preliminary Examination Report to the applicant. The applicant can amend descriptions during this stage.
  4. Entry into national phase: PCT Application shall be entered into national phase in desired member countries before 30 months from filing date or earliest priority date.

Required Documents

  1. Information of applicant: Applicant’s name and address in Chinese and English
  2. Information of inventor: Inventor’s name in Chinese and English
  3. Specification and drawings
  4. Power of Attorney
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