Entrusting a patent agency to apply for a patent generally requires the following steps
1. Consultation:
1. Determine whether the content of the invention is patentable
2. Determine which patent type (invention, utility model, design) can be applied for based on 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 The application will be recommended to be withdrawn by the applicant.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.
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.
Types of patents and what application documents should be submitted for patent applications
1. Types of patent applications
Patent applications are divided into three categories: invention, utility model and design. type. New technical solutions proposed for products, methods or improvements can be applied for invention patents; new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use can be applied for utility model patents; for the shape of the product , patterns or their combination, as well as the combination of color, shape, and pattern to create a new design that is aesthetically pleasing and suitable for industrial application, you can apply for a design patent.
2. What application documents should be submitted for patent application
If applying for an invention patent, the application documents should include: invention patent request, description (if the description has drawings, the description should be submitted Drawings), claims, and abstract, each in duplicate.
For invention patent applications involving amino acid or nucleotide sequences, the sequence list should be included in the description and submitted as a separate part of the description. At the same time, the sequence list should also be submitted in compliance with the regulations of the State Intellectual Property Office. CD with the sequence list recorded
When applying for a utility model patent, the application documents shall include: utility model patent request, description, drawings of the description, claims, abstract and drawings, each in one copy Two servings.
When applying for a design patent, the application documents should include: design patent request letter, pictures or photos, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed.