The procedure for entrusting a patent agency to apply for a patent
Entrusting a patent agency to apply for a patent generally requires the following steps
1. Consultation
< p>1. Determine whether the content of the invention is patentable; for this consultation, it is recommended to consult with several companies and compare them to determine the correct conclusion. Because many information receptionists are currently paid on a commission basis, and due to business volume, they sometimes respond inappropriately to inquiries.2. Determine which type of patent (invention, utility model, design) can be applied for the content of the invention and creation
2. Sign an agency agreement
The purpose of signing an agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to bind the patent agent to the obligation to keep the applicant's inventions and creations confidential.
3. Technical disclosure
1. The applicant provides the patent agent with background information on the invention or creation or entrusts the search for relevant content;
2. The applicant Detailed introduction to the content of the invention and creation helps patent attorneys fully understand the content of the invention and creation.
4. Determine the application plan
Based on the understanding of the invention and creation, the agent will make a preliminary judgment on the prospects of patent application and make a preliminary judgment on the possibility of patent authorization. The application will be recommended to be withdrawn by the applicant. At this time, the agency will charge a small consulting fee, and most of the application agency fees will be returned to the applicant.
If the prospect of patent authorization is great, the patent agent will propose a clear application plan, scope and content of protection, and start preparation for the formal application with the applicant's consent.
5. Prepare application documents
1. Write patent application documents;
2. Prepare application documents;
3. Submit Apply for a patent and obtain a patent application number.
6. Review
The China Patent Office will review the patent application documents. During the review process, the patent agent will carry out patent corrections, opinion statements, defenses, changes, etc. If necessary, the applicant should cooperate with the patent agent to complete the above work
7. Examination Conclusion
The China Patent Office will make an authorization or rejection examination conclusion based on the examination situation. This process The processing time is generally: about 6 months for appearance design, about 10-12 months for utility model, and 2-4 years for invention patent. With the improvement of patent office examination efficiency, the review and authorization time for designs and utility models is about 4-6 months.
8. Handle patent registration procedures or reexamination requests:
If the patent application is authorized, go through the registration procedures and receive a patent certificate according to the requirements of the patent authorization notice.
If the patent application is rejected, whether to file a reexamination request will be determined based on the specific circumstances.
At this point, the patent application process is over.