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Guide For Filing A PCT Application

Entering the Chinese National Phase

    If a PCT application would enter the Chinese national phase, documents and information below are needed:

I. Documents requested under the Chapter I of PCT
a) The published PCT Pamphlet or PCT Request along with the original specification;
b) Copy of International Search Report;
c) Amended claims according to the Article 19 of PCT (if any);
d) Power of Attorney executed by the applicant.
II. Documents requested under the Chapter II of PCT
a) Besides the documents listed above, copy of the International Preliminary Examination Report;
b) Amendment to the specification according to the Article 34 of the PCT (if any)
c) Copy of Form PCT/IB/332;
    Please note that any amendment to the specification should be provided if the applicant wants to amend the specification according to the Articles 28 & 41 of the PCT while the Chinese national phase is entered.
IMPORTANT NOTICE:
    The PCT application for entering the Chinese national phase can be filed by the end of twenty-two or thirty-two months from the earliest priority date or the PCT international filing date along with additional restoration fee. That is, if the Chinese application can not be filed before the entry due date, to file the application can be extended up to two months from the due date.
    Only the specification in CHINESE can be accepted by the Chinese Patent Office.
    If the International Search Report is made by EPO, JPO or Swedish Patent Office, the Chinese Patent Office will deduct 20% of examination fee.
    Additional official fees for claims in excess of 10 will be charged based on the PCT initial filing specification or published ones.
    The applicant is not requested to submit any citation as requested by the Article 36 of the Chinese Patent Law when filing a request for examination for the PCT application.

    Should you have any questions, Please contact our International Department:

TEL: 86-10-66514270
FAX: 86-10-66514272
mail.gif (139 bytes) E-mail: bpa@bpta.com.cn

BEIJING PATENT AGENCY

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