PCT national phase/stage application in China

Borsam IP
Borsam IP

1. General Information

PCT applications to enter into the Chinese national phase/stage shall be filed within 30 months from the PCT international filing date/priority date. If applications fail to enter into the Chinese national phase before the entry due date, the filing can be extended up to 2 months from the entry due date with additional restoring fee.
2. Information required in the instruction letter

When an applicant entrusts us to file a PCT Patent Application Entering the Chinese National Phase/Stage, an instruction letter indicating the following items is required: 
(1) type of patent application
(2) title of the invention/utility model
(3) PCT International filing number and date
(4) name(s), address(es), and nationality(ies) of applicant(s) and inventor(s).
(5) priority application date, number and country if claiming foreign priority
3. Necessary PCT application documents containing

(1) PCT publication pamphlet issued by the International Bureau
(2) International Search Report and International Preliminary Examination Report and its annexes (if any);
(3) any amendments made in accordance with PCT Articles 19, 28, 34 or 41 if the applicant(s) wants the amendments to be the part of the Chinese national phase application
4. Documents required for filing patent application

(1) Power of Attorney

Please make use of our Power of Attorney/General Power of Attorney form. A Power of Attorney shall be submitted for each application, and a General Power of Attorney will cover all future applications. Please make sure that the date of execution shall be earlier than the Chinese filing date.

(2) Assignment

Where the applicant is not the same as that of the international application applicant or that of the Priority document, an assignment duly executed by the original applicant is required when entering the Chinese national phase.
5. Request for substantive examination

In the case of a patent application, the applicant shall request substantive examination any time within 3 years of the priority date.