It has become normal for Chinese companies to go overseas, but the awareness of applying for patents has not yet caught up with international standards. As intangible assets, corporate intellectual property rights should also be valued by Chinese cross-border e-commerce sellers. This article will focus on: Should I choose PCT patent or Paris Convention when applying for a foreign patent? I hope it can help Chinese sellers clarify the concepts between the two.
First of all, cross-border e-commerce sellers need to understand the commonalities between the two. The Patent Cooperation Agreement and the Paris Convention are both agreements and unions. No matter which agreement channel is used to apply for a patent, it is essentially a patent application submitted to the national office.
Secondly, regarding the question “Should I choose PCT patent or Paris Convention when applying for a foreign patent?”, the difference between the two needs to be clarified. Although both are agreements and conventions, the protection of rights and interests is very different. Because the Paris Convention is essentially a priority principle, the patent application must be made in a member country within the Paris Convention, and priority must be granted within a specified period. On this basis, when each member state submits an application, the date of priority can be deduced based on the time of the first application, and in subsequent examinations, this basis can be used as a way to judge patent applications.
In addition, when cross-border e-commerce sellers use PCT instead of the Paris Convention, they will find that the PCT has more procedures than the Paris Convention, because sellers also have to deal with the international stage application procedures, and The seller can not only enjoy the priority act rights of the Paris Convention, but also the international application rights of the PCT – a preliminary report representing a patent. When the seller takes this report and applies to the target country’s office, he can enjoy the same priority date as the PCT.
Finally, there are qualitative differences between the Paris Convention and the PCT Agreement. Not only because the definitions of the two sides are different, but also because the protection subjects of the two sides are different. The PCT can only protect inventions and utility model patents, while the Paris Convention can protect more.
In short, the above is the relevant explanation on “When applying for a foreign patent, should I choose the PCT patent or the Paris Convention?” When cross-border e-commerce sellers choose to register foreign patents, they can register through the Paris Convention or the PCT. Both are channels for registering patents, but the subjects they protect and the rights they provide are different.