Chinese sellers can apply for patent rights in two ways, and PCT is the most important application method and channel for Chinese sellers. This application channel is qualitatively different from foreign patents. In order to help Chinese sellers distinguish between the two, this article will focus on introducing: the difference between foreign patents and PCT patents. I hope it can help sellers.
1. The difference between foreign patents and PCT patents: the application process is very different.
When cross-border e-commerce sellers want to apply through patent cooperation treaty, they will find that there is an extra layer in the process, that is, they must first apply through domestic applications and then apply through international applications. However, foreign patent applications do not need to go through this layer. When a seller submits a patent cooperation treaty through domestic channels, it must first go through a preliminary review and then go through another international review stage.
2. The difference between foreign patents and PCT patents: review procedures.
The review procedure for patent cooperation treaty has strict regulations. It must be applied one year after the domestic application is filed, and then the application must be made in accordance with the relevant regulations of the Paris Convention. Moreover, due to the patent laws of China and other countries, There are differences, so the patent cooperation treaty needs to go through multiple tests: multiple language communication barriers, docking of multiple needs, retrieval of sufficient shares, etc., and also needs to go through a series of public announcements and reconsiderations. In short, the above is the cost and payment difference for PCT applications.
3. The difference between foreign patents and PCT patents: application time.
A major difference with foreign patents is the difference in application review time. Because after a Chinese seller submits a domestic application, he must submit an international application within one year.
In short, the above is an introduction to the differences between “foreign patents and PCT patents”. Cross-border e-commerce sellers can clearly understand through this article: there is a huge difference in review time, review process, and review procedures between the two. Sellers need to go through two levels of strict data retrieval and review stages, and are progressively inspected by domestic institutions and foreign institutions.