The second step of entrusting a patent agency to apply for a patent is to sign a corresponding agency agreement with the patent agency. The purpose of this step is to clarify the rights and obligations between the patent applicant and the patent agency, and its main function is to restrain the patent agent from keeping the applicant's invention and creation confidential.
The third step is technical disclosure, which is mainly divided into the following two points: 1, the patent applicant should provide the patent agent with the background information and technical points related to his invention and creation, and 2, the patent application should introduce the content of the invention and creation in great detail, so that the patent agent can fully understand the content of the invention and creation, so as to write the corresponding patent application documents more quickly.
The fourth step is to determine the corresponding application plan. Patent agents will judge the prospect of patent application according to their own understanding of invention and creation. If there is little possibility of judging patent authorization, the patent agent will advise the patent applicant to withdraw the corresponding patent application. In this process, if the authorization rate is small, we Guangzhou Oudun Intellectual Property Agency Co., Ltd. will return it to the patent applicant in full. If there is a bright prospect for patent authorization, the patent agent will put forward the corresponding application scheme, content and scope of protection, and start preparing the corresponding application after obtaining the consent of the patent applicant.
After deciding to apply, the fifth step needs to prepare the patent application documents, which mainly include the following points: 1, writing the patent application documents for the corresponding invention; 2. Making patent application documents; 3. Submit a patent application and obtain a patent application number. This step is completed by the patent agent.
After submission, the sixth step is to wait for the patent office to review: the State Patent Office will review the submitted patent application documents, and the patent agent will make patent correction, reply and change during the patent office review process. When necessary, the patent applicant shall cooperate with the patent agent to complete the above work.
After the examination, the Patent Office will come to the conclusion that the State Patent Office will authorize or reject the examination conclusion according to the examination situation, and this process usually takes about 4 months for design, 6-8 months for utility model and 2-4 years for invention patent.
The last step is to go through the formalities of patent registration or reexamination request. If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate. If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances.
application fee
The application fee shall be paid within two months from the date of application. The fees paid at the same time as the application fee also include the publication and printing fee of the application for a patent for invention and the application surcharge. Where the priority is claimed, the priority claim fee shall be paid at the same time. If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.
When the number of pages in the description (including drawings) exceeds 30 pages or the number of claims exceeds 10, an application surcharge shall be paid, and the amount shall be calculated according to the number of pages or items exceeded.
The amount of priority claim fee is calculated according to the number of items claiming priority. Failing to pay or pay in full within the prescribed time limit shall be deemed as not claiming priority.
Substantive examination fee for application for patent for invention
Where the applicant requests substantive examination, it shall submit a request for substantive examination and pay the substantive examination fee. The time limit for paying the substantive examination fee is three years from the application date (if there is a priority requirement, the earliest priority date shall prevail). If it is not paid or paid in full within the prescribed time limit, the patent application shall be deemed to have been withdrawn.