Relevant Business Departments, Inventors, and Partner Customers:
In light of the WIPO PCT Rules revision, implementation of the new Patent Examination Guidelines, and updates to the CNIPA electronic filing system, we are issuing this notice to further improve the efficiency of PCT international patent applications and reduce practical risks such as missed deadlines, format defects, and failed document submissions. This notice outlines key process optimization points and operational standards for PCT international applications.
I. Key Content of This Process Optimization
Upgrade to electronic submission
The Patent Business Processing System has enhanced XML conversion and upload validation for PCT replacement documents, supporting electronic submission of sequence listings in ST.26 format. For oversized sequence listing uploads, preview errors no longer trigger automatic submission failure. The receipt verification and supplementary document channels have been further optimized to reduce the risk of non-substantive rejections.National Intellectual Property...。
Optimization of Examination Rules for Priority Transfer Certificates
When entering the national phase of a PCT application and the applicant differs from the right holder of the prior application, the priority transfer document must be signed byAll applicants must sign and confirm the earlier application.Partial assignee signatures are no longer accepted to avoid the risk of losing rights due to failure to claim priority.
Updated billing rules for the sequence list
No additional fees are charged for compliant electronic sequence listings based on page count; only non-electronic paper sequence listings are subject to page-based fees, reducing costs for applicants in the biotechnology and pharmaceutical sectors.
Optimize Communication and Status Feedback Workflow
The WIPO Receiving Office can now synchronize withdrawal request receipts with applicants, providing a complete notification chain for the status of application documents, corrections, withdrawals, and other procedures. Applicants must accurately provide their contact email and phone number to ensure official documents are delivered successfully.World Inte...。
Expand search scope
The international search unit has expanded its prior art search scope to include non-written public evidence. International search reports now offer a more comprehensive evaluation, imposing higher requirements on the quality of claim drafting.World Inte...。
II. Optimized Standard Business Process
Priority window (within 12 months from the filing date of the earlier application)
Finalize the technical proposal, confirm target international markets, and file the PCT application; submit the complete request, specification, claims, abstract, drawings, and priority documents, while simultaneously completing confidentiality review.The international phase official fee must be paid in full within 1 months after the application is accepted.。
International Search Phase
After acceptance, the International Searching Authority issues an international search report and written opinion to assess patent novelty and inventive step. A negative search result allows for early evaluation and prudent planning of the national phase, reducing overseas translation and official fee costs.
International Publication (Automatically published 18 months from the priority date)
WIPO has completed the international publication; the technical solution is now publicly available globally.
International Preliminary Examination (Optional; file within 22 months from the priority date)
Amend claims to address deficiencies in the search report, obtain a preliminary examination opinion, and increase the likelihood of grant during the national phase.
National Phase (Core Deadline: 30 months from priority date)
Submit the target language translation, appoint an agent, and pay official fees within the statutory deadline. Failure to do so will result in loss of protection rights in that country.
III. Key Risk Warnings
PCT international application ≠ global patent. Filing a PCT application does not grant patent rights in individual countries.Entering the national phase after 30 months is a necessary step to obtain overseas protection., do not omit anything.
12 months priority, 22 months request for preliminary examination, 30 months national phase: these three statutory deadlines do not allow ordinary extensions. Missing the deadline results in immediate loss of rights.
Preview error in e-submission of sequence listing. Verify the integrity of the receipt file and contact the receiving office promptly if needed. Avoid blind resubmissions that may lead to duplicate applications.
The certificate of priority assignment must be signed and stamped by all right holders. Missing materials will result in the priority claim being rejected.
4. Business Recommendations
Initiate overseas patent layout planning 6–12 months in advance, clearly define core and secondary markets, and avoid blindly entering all contracting states.
Conduct a patentability assessment immediately upon receiving the International Search Report, promptly amend claims, and prepare for the national phase.
Establish a maturity monitoring ledger, with key focus on critical milestones at 12/22/30 months.
Submit PCT-related amendment documents using the standardized XML electronic format to minimize formatting corrections.
Notice.
