2. Oversea Patents
◎ PCT filing the international phase and entering the national phase;
◎ Hong Kong, Macau, Taiwan patent applications;
◎ Patent applications in the United States, Europe, Germany, France, Russia, Japan, South Korea, India and other countries;
◎ Patent translation, annuity, ROA;
◎ Patent infringement analysis, patent warning, patent early warning and mapping;
◎ Patent search (FTO) and monitoring;
◎ Patent licensing, alteration and transfer/assignment;
◎ Other patent related consulting and legal services.
With more and more domestic enterprises going out, in order to better gain a foothold in the international market, especially pay attention to the overseas patent layout, who has the patent who has the market.
At present, foreign-related patents (inventions or utility models) are filed to the target country through the PCT or the Paris Convention, while designs can be submitted through the Hague System.
Paris Convention route
China is a member state of the Paris Convention for the Protection of Industrial Property (the Paris Convention), and Chinese applicants who file patent applications on the same subject matter in other Member States on the basis of a formal application filed for the first time with one of the contracting States shall enjoy the right of priority for inventions and utility models for 12 months and industrial designs for 6 months.
PCT route
The Patent Cooperation Treaty (PCT) is an international treaty on patents, and China is a member state of it. Applicants can file international applications in multiple countries through the PCT route. The PCT patent is divided into international phase and national phase, of which the international phase consists of international receiving, international search, international publication, preliminary examination and other steps, after the international phase, the applicant can, from the priority date within 30 months, enter the national phase.
List of the major regional patent organizations and member states
1. European Patent Cooperation Organization (EPO): Albania, Austria, Belgium, Bulgaria, Switzerland, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Croatia, Hungary, Ireland, Iceland, Italy, Liechtenstein, Lithuania, Luxembourg, Latvia, Morocco, Macedonia, Malta, Netherlands, Norway, Poland, Portugal Romania, Serbia, Sweden, Slovenia, Slovakia, SAN Marino, Turkey
2. African Intellectual Property Organization (OAPI): Benin, Burkina Faso, Equatorial Guinea, Togo, Congo (Brazzaville), Guinea, Guinea-Bissau, Gabon, Cameroon, Comoros, Cote d 'Ivoire, Mali, Mauritania, Niger, Senegal, Chad, Central Africa
3. African Regional Intellectual Property Organization (ARIPO): Botswana, Gambia, Ghana, Zimbabwe, Kenya, Lesotho, Malawi, Mozambique, Sierra Leone, Eswatini, Sudan, Somalia, Tanzania, Uganda, Zambia
4. Eurasian Patent Organization (EAPO): Turkmenistan, Belarus, Tajikistan, Russia, Kazakhstan, Azerbaijan, Kyrgyzstan, Armenia
3. China Patent Review & Invalidation
The patent reexamination procedure is a remedy for the applicant when the patent application is rejected. In accordance with Article 41 of the Patent Law, the Patent Reexamination Board shall receive and examine the request for reexamination and issue a decision. The cases of request for reexamination include the cases of request for reexamination of patent which are not satisfied with the decision of rejecting the patent application in the procedure of preliminary examination and substantive examination. Only patent applicants have the right to initiate patent reexamination proceedings, and they must file with the Patent Reexamination Board of the China Intellectual Property Administration (CNIPA) within three months of receiving the notification of rejection.
Invalidation of patent refers to the system under which any entity or individual that considers that the grant of the patent right is not in conformity with the provisions of the Patent Law may request the Patent Reexamination Board to declare the patent right invalid from the date of the announcement of the grant of the patent right by the CNIPA.
