How to enter European countries via PCT

As the largest economy in the world, Europe has always been an important export market for enterprises from all over the world. For science and technology enterprises, patents are undoubtedly a powerful weapon for market competition. As a result, technology companies are usually active in patent placement in Europe when they think their market will extend to Europe after assessment. In recent years, with the implementation of China's intellectual property strategy outline and more and more Chinese technology companies want to occupy a place in the European market, Chinese companies have also begun to carry out patent layout in Europe. In order to obtain patent protection in European countries, it is usually the Paris Convention route and the PCT route respectively. Applicants can apply to the patent offices of various European countries and obtain patent authorization according to the authorization procedures of each country, or apply to the EPO for a European patent, and obtain patent protection in the selected country after authorization under the European Patent Convention (EPC). The PCT approach is described in detail below.

PCT applications are divided into international and domestic phases. In the international phase, the receiving office designated by the PCT conducts formal examination, international search and international preliminary examination of international patent applications. In the domestic phase, it is up to the designated PCT Member State to examine whether to grant a patent in that country. The basic requirement of PCT application is that the applicant shall submit the international application to the international bureau designated by PCT within 12 months from the priority date, complete the international search and international preliminary examination, designate the country where he wants to obtain the patent within 30/31 months from the priority date, and submit the actual examination after entering the national phase of the country.

After PCT international applications enter Europe, there are two situations: some countries can apply for both European patents and national patents, while in some countries only European patents can be applied. This is because countries such as Germany, the United Kingdom, Sweden, and Spain have their own search and examination agencies, and applicants can file patent applications in these countries directly through the PCT. In contrast, countries such as France, Ireland, Italy and the Netherlands do not conduct substantive examination at the time of application but simply register, so they can only rely on the European Patent Office for patent search and examination. That is, in these countries, the independent national application route and closed.

It can be seen that patents that have obtained priority in other countries can only be protected in France by granting European patents through the European Patent Office and then designating France as the effective country. In Germany, it is possible to enter the national phase through the German Patent Office directly after the completion of the PCT international application, or to enter Germany through the grant of a European patent (as shown in the figure below). It should be pointed out that if you enter Germany directly through the PCT, it will be examined by the German Patent Office. If you enter Europe first and then Germany through the PCT route, then Germany is designated as the country where the patent takes effect after the EPO's actual examination.

The PCT application provides the applicant with a 30-month buffer period, allowing the applicant to make an accurate estimate of the economic value of the invention and the possibility of obtaining a patent, as well as more time to observe the market potential of the product. After entering Europe through the preliminary examination of the PCT route, you can directly apply for a German patent, or you can choose to enter into force in Germany according to the actual situation.