Where a PCT patent international application requests to enter the Chinese phase at an earlier date, the applicant shall submit, according to the provision of Item 2, Article 23 of the International Cooperation Treaty, a statement on "Expediting the Handling of International Application". At the same time, the applicant shall file with the Chinese Patent Office a copy of the international application provided by the International Bureau or Bureau of Receipt; where no statement on "Expediting the Handling of International Application" is made, nor is a copy of the international application submitted, the Chinese Patent Office shall, according to the provision of Item l of Article 23 of the International Cooperation Treaty, not open the Chinese version of the document in advance.
Where, aside from requesting the Chinese Patent Office to handle the international application in advance, the applicant further asks to announce the Chinese version of his international application prior to the international announcement, the applicant shall, in addition to supplying, according to the abovementioned item, the statement on "Expediting the Handling of International Application", submit another statement on "Requesting to be Announced at an Earlier Date", and authorize the Chinese Patent Office to publish same in advance. Where there is no "Requesting to be Announced at an Earlier Date", the Chinese Patent Office will abide by the provision on secrecy of Article 30 of the International Cooperation Treaty and will not open the Chinese version of the document in advance.
Where the applicant has not definitely requested to enter the Chinese phase at an earlier date according to the provision of Item 2, Article 23 of the International Cooperation Treaty, nor has he submitted to the Chinese Patent Office the stipulated statement or requisite documents, the Chinese Patent Office will only issue a receipt of having received the documents to the international application that has entered the Chinese phase by performing in advance the formalities provided in Article 22. This is to say, the Chinese Patent Office only applies its chop onto the 3rd page of the Application for Entering into the Chinese Phase (Form PCT/CN501), the examination procedure in the Chinese phase for said international application will not be initiated; only when the International Bureau has opened the said international application, will the procedure in the Chinese phase be initiated by the Chinese Patent Office. For the international application that has implemented in advance the provision of Article 39 of the International Cooperation Treaty, the Chinese Patent Office will, on receipt of said international application, examine and handle same 20 months from the date of priority and 30 months from the date of filing the international application with the Chinese Patent Office.
