Patent agents can extract the technical features that can be patented from the technical documents for patent application, and the patent right only protects these extracted technical features, not the whole technical documents. Determining which technical features can be protected is one of the most important tasks of patent agents.
Although a patent is a kind of intellectual property, its acquisition depends on people's judgment, rather than naturally occurring with works like copyright. If a technology wants to be patented, it must have certain conditions, namely novelty, creativity and practicality. As researchers or technicians, they may know the technical content very well, but they don't know the relevant laws in the process of patent authorization, and it is impossible to understand the review principles and procedures in the process of patent authorization. Under the trend of increasingly complicated division of labor in modern society, patent agents apply for patents on behalf of scientific and technological personnel to reduce their burden.
Patent agents all have certain technical abilities, and all have degrees in science and engineering. Those with liberal arts diplomas cannot engage in the patent agency industry.
In addition, due to the particularity of the patent right, it is not naturally produced, but is judged manually by the examiner in China National Intellectual Property Administration according to the review guide. In addition, the examination principles of utility model patents and design patents are not harsh, and there is a greater possibility of authorization, which will inevitably lead to omissions. Lawsuits about patent litigation often appear, such as the patentee suing the other party for patent infringement, and others requesting to declare the patent invalid. At this time, the patent agent needs to participate in court proceedings or participate in patent defense in China National Intellectual Property Administration Reexamination Board. In this sense, patent agents often assume the role of lawyers.
An excellent patent agent, who is familiar with the foreword technology and laws in this technical field, can act as an intellectual property legal adviser for enterprises, make suggestions for enterprises to protect intellectual property rights and avoid infringing on competitors' intellectual property rights, and make intellectual property strategic plans for enterprises. Developed countries have a high degree of intellectual property protection, and China is also striving to improve it. Patent agents can design carefully to avoid the patent rights of competitors, and at the same time make patent strategic planning for enterprises, so that the production and operation of competitors fall into their own patent rights, and then collect patent fees; Retreat for progress, use your own authorized patents to fight against the patent protection scope of competitors, and rely on them to make the other side dare not act rashly.
In addition, patent agents can also participate in the registration and litigation of trade secrets, unfair competition, copyright and software copyright.
In a word, patent agent is an indispensable profession in the intellectual property industry.
A patent agent may:
(1) Write patent application documents and extract technical features that need to be protected;
(2) Handling all procedural matters of patent application;
(3) Handling tort litigation and invalidation of property;
(4) Provide enterprises with intellectual property strategic planning, and protect and evade intellectual property rights.
(5) Trade secrets, unfair competition, copyright, software copyright registration, etc.