A PCT application is going to enter the Chinese national phase, and the applicants were two Japanese companies A and B when filing the PCT application. However, at the PCT international stage, the procedure of change of applicants was carried out, and the application was transferred from companies A and B to company A, then the International Bureau (IB) issued the Notification of Change (Form PCT/IB/306).
In this case, is it still necessary to submit the documents proving the transfer of the application right to the CNIPA when entering the Chinese national phase?
According to the latest Patent Examination Guidelines, if the applicants have completed the change of applicants at the PCT international stage and both parties to the assignment are foreign entities, the applicants do not need to submit the evidence documents of assignment when entering the Chinese national stage.
However, if it is stated in the Form PCT/IB/306 transmitted by the IB that the change is the transfer of the application right from an entity or individual in Mainland China to a foreigner, a foreign enterprise or a foreign organization, the relevant evidence documents are required.
