跳到主要内容

07.11 Patent Filing Execution Calendar: From ID Freeze to PCT ​

Governance metadata | Owner: Head of Finance/Legal | Last reviewed: 2026-10-22 | Next review: 2027-01-31

Strategy and Section 337 are in 07.03; this document provides a 12-month executable timeline (default, adjustable). Deadlines are governed by the patent agency calendar.


1. Default Calendar (Relative to the ID Freeze D0) ​

TimeActionOwnerOutput
D0Freeze the structure / appearance / core-algorithm inventoryStructure + softwareFeature list v1
D0+2 weeksSearch report (FTO first version)IP + architectureRisk grading table
D0+4 weeksFile the invention + utility model on the same day (domestic priority)AgencyApplication receipt number
D0+3 monthsDesign around if the FTO shows redArchitecture + IPDesign-around diff
D0+6 monthsPriority period past the halfway point: PCT or national-phase filing in the target countriesIP + target sales countriesDecision memo
D0+10 monthsIP review of trade-show / crowdfunding public materialsLegal + brandPre-publication checklist
D0+12 monthsLaunch the PCT national phase (US / EU / Japan, etc.)Foreign filing agencyNational-phase list
Before mass productionArchive the FTO clearance memo into GR2LegalArchival path

Hard deadline: the Paris Convention 12-month priority; miss it and it is lost.


2. Default Budget Share ​

Allocate 2–5% of the R&D budget to IP; national-phase filing / maintenance fees go into the non-recurring items or the R&D amortization policy of 07.06. Raise the share before going overseas.


3. Hooks to the Gates ​

GateIP inputs
GR1Preliminary search, obvious wall patents
GR2FTO first version + filing receipt
GR3Mass-production units match the application drawings
GR4Overseas infringement monitoring starts
GR5The patent asset inventory enters the post-mortem review

4. Common Failures ​

  1. Publish before filing (crowdfunding / trade show) → destroys novelty
  2. File only on appearance and skip the invention patent
  3. Nobody owns the PCT national phase
  4. Mixing open source with patents → see the GPL isolation in 07.03

07.03 / 01.08 / 07.06 / 07.02


8. Pre-Publication Checklist (Crowdfunding / Trade Show / Media) ​

  • [ ] Do the appearance drawings cover the appearance patents under application?

  • [ ] Do the exploded structural views expose points that can be designed around?

  • [ ] Do forum posts / developer documentation leak algorithm interfaces?

  • [ ] Legal has issued a written "cleared for publication"

9. Budget Allocation Example (Annual) ​

ItemRecommended share
Domestic filing official + agency fees40%
PCT / national phase40%
Monitoring and enforcement reserve15%
Contingency5%

10. National-Phase Budget Illustration (US / EU / Japan) ​

CountryOfficial fee magnitude (conceptual)Attorney feesDecision point
United StatesMedium-highHighPriority if it is a main sales market
European UnionMediumHighMulti-country designation requires the numbers to work
JapanMediumMediumIf entering the Japanese market

Default: enter the main sales countries first; for non-main sales countries, hold with a PCT first and watch.

11. Closing the Loop with FTO ​

  1. Search shows red → design around, or evaluate a license (07.03)
  2. Design-around complete → update the application drawings
  3. Design-around impossible → adjust the ID or the market, go back to GR1/GR2

12. Put the Calendar into the Collaboration Tool ​

It is recommended to enter the three entries D0 / D0+4 weeks / D0+12 months into the calendar and set a two-person reminder (IP + project).


13. Application-Type Selection Decision Table ​

Innovation pointFile firstReasonRisk
Appearance designDesign patentFast grant, low costWeak protection
Structural mechanismInvention + utility model on the same dayThe utility model is fast, the invention is solidCost ×2
Control algorithmInventionHard to design aroundHigh drafting requirements
UI / interactionCombination of design patent + copyrightUsable in the store and on packagingWeak on its own
Supply-chain process know-howTrade secret + non-competeNot disclosedLeakage is hard to prove

Default strategy: when there is innovation in both structure and algorithm, file both; for pure appearance iterations, appearance only is enough.

14. Order of FTO and Filing ​

D0 feature list
  → Rapid search (1 week)
      ├─ No high risk → file directly
      └─ High risk → design around first (1–4 weeks), then file

Prohibited: "launch publicly first and sort out the patents later".

15. Article-Level Division of Labor with 07.03 ​

07.03This document 07.11
337 / APEP strategyThe 12-month calendar and budget
FTO principlesD0 actions and gate hooks
GPL isolationNot repeated

16. Failure Post-Mortem Template ​

ItemFill in
Which step was delayed□Search □Filing □PCT □National phase
Root causeNo owner / no budget / disclosed too early
RemediationFiled / changed / abandoned
Impact on the GR□GR2 □GR3

18. Real-World Conflicts Between Priority and Disclosure ​

ScenarioRiskDefault handling
Showing a prototype at CESNoveltyFile before the show, or sign a confidentiality agreement for the exhibition
Crowdfunding videoStructure exposureReveal only the appearance, and file first
Media exclusiveDetail leakageLegal reviews the outline
Hiring JDAlgorithm descriptionRedact / desensitize

19. Reuse of 07.02 Certification Materials ​

Cross-check the wireless module BOM against the patent inventory: certification changes are usually accompanied by structural changes → triggers a patent drawing update check.

20. Monthly IP Meeting Agenda ​

  1. Filing progress dashboard
  2. New FTO risks
  3. Review of public materials
  4. Budget consumption
  5. Blockers against the GR gates

21. National-Phase Decision Tree ​

PCT runs to the 18-month priority
  ├─ Main sales countries clear → enter the US / EU / Japan
  ├─ Markets undecided → protect only 1–2 countries
  └─ Budget tight → abandon maintenance of weak cases, protect the core cases

23. GR2 Patent Input Acceptance Checklist (for the Gate) ​

InputPresent?Pass criteriaIf missing
Feature list v1□Consistent with the ID and carries a version numberNo-Go
FTO first version□No "high risk that cannot be designed around", or a design-around plan is attachedConditional
Filing receipt / application number□At least one of the invention or utility model has been filedConditional → time-boxed
Publication review record□Trade-show / crowdfunding materials have been checked by legalConditional go + details may not be disclosed
Budget consumption□≤ 5% of the R&D IP budget, or an overrun has been approvedFinance signs as C

Default ruling: if the feature list is missing or the FTO has not been done → No-Go; if only the receipt is missing but the search is clean → Conditional (submit by D0+4 weeks).

24. Dual-Filing Cost Structure (Illustrative; Replace with the Agency's Quote) ​

ItemRelative costWhen
Utility model official + agency fees1×Same day as the invention
Invention official + agency fees1.5–2×Same day
PCT international phase1–1.5×Before D0+12 months
US / EU national phase3–6× eachOn entry

Default: budget domestic dual filing at 3× a single-country utility model; raise it to 8–12× the annual budget before going overseas.

25. Design-Around Worksheet (When the FTO Shows Red) ​

Essential technical featureCan it be broken apart?AlternativeStill falls within the claim?Owner
Example: snap-fit angleYesMagneticNoStructure
Example: algorithm step A→BPartlyA→C→BPending searchSoftware

Design-around complete → update the application drawings → re-run the search → file again.

26. With 07.06 Amortization ​

SpendDefault
Domestic filingsExpensed to R&D or capitalized per policy
National phaseThe expense/capitalization treatment in the year of entry is set by finance
Maintenance feesEnter OPEX after mass production starts

Prohibited: hiding large national-phase costs inside marketing expense.

27. Monthly Dashboard (IP Meeting) ​

FieldRedline
Overdue filings>0 → escalate
Days of priority remaining<30 → yellow; <14 → red
Unclosed FTO red itemsBlock tooling for the affected SKU
Budget consumption %>80% → freeze non-core cases

28. Checklist (Gate Joint-Signature Version) ​

  • [ ] All five GR2 inputs are green or already Conditional with a deadline

  • [ ] The dual filing has been submitted or waived in writing

  • [ ] The publication review has a record number

  • [ ] Finance has confirmed the amortization basis

  • [ ] Two-person reminders are set on the priority calendar

huajun.wang Smart Hardware GTM Playbook · Methodology