When a PCT patent international application enters the Chinese phase, the Chinese Patent Office, on receipt of the international application documents, will check same with the information on said international application document transmitted by the International Bureau; where it is found that these two documents are not consistent with each other, or not satisfying the conditions of entering the Chinese phase, the entrance of said international application into the Chinese phase will be affected, then the Chinese Patent Office can only issue a notification on non acceptance together with reasons thereof.
On receiving of the notification on non receipt, the applicant shall seriously analyze the reasons. If the mistake was made during the filing of the international application with the International Bureau, the original applicant shall request for correction thereof at the original international office of receipt where the original application for patent was filed; the International Bureau or the International Office of Receipt shall notify the internationally designated (or selected) Chinese Patent Office; a statement shall also be made on the correction of the mistake of the International Bureau. At the same time, the application has to make a request to the Chinese Patent Office to enter the Chinese phase again, stating that the mistake at the international phase has been corrected. Only when said surviving mistake of the international phase is corrected and is corrected according to the provision of the Chinese Patent Law, will the Chinese Patent Office accept the request, raised by the applicant, to enter the Chinese phase and to correct the mistake. And the original date of entering the Chinese phase of said international application can be retained.
On receiving of the notification on non acceptance from the Chinese Patent Office, the applicant shall complete, within 6 months from the date of filing said international application, the abovementioned correction work; where the 6 months are surpassed, said international application shall not be accepted.
