2. Enterprises entrust patents to intellectual property agencies, and patent documents are written and submitted by patent agents.
3. The cooperation between the enterprise and the intellectual property agency is completed, and the agency plays the role of consultation and service, while the patent documents are written and revised by professional and technical personnel within the enterprise under the guidance of the agency.
Fees to be paid
The related expenses of patent application include two parts: 1, application fee submitted to China National Intellectual Property Administration Patent Office, annual fee, examination fee for invention patent application, etc.
Determine the type of patent application
Patent types are divided into invention patents, utility model patents and design patents. An invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new technical scheme suitable for practical use for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern.
Go through the relevant formalities and certificates.
If an enterprise uses an agency in patent application, after signing a "patent application agency contract" with the agency (generally drawn up by the agency), the agency has the obligation to remind you how to do these things, and just follow their tips step by step. Including sorting out the relevant technical documents and materials of products, filling in and stamping the patent power of attorney (provided by China National Intellectual Property Administration Patent Office), examining and approving the application documents written by the patent agent, going to the competent department to prove the economic benefits of the company and submitting the request for fee reduction (if applying for patent fee reduction), etc.
Patent application time
Because patents have the principle of "first come, first served", generally speaking, the time to apply for patents should be sooner rather than later, and obtaining patents (or even application numbers) as soon as possible will win business opportunities as soon as possible. Patent work should start at the early stage of product development, and it is best to submit the application documents before the trial production is completed and put on the market. If the product needs to be further improved after it is put on the market, that is, the so-called second-generation and third-generation products are launched, then we can add new patents and put forward new claims on the basis of the original application. At this time, we still enjoy the advantage of "first come, first served", that is, in similar patent applications, those who have applied for related patents have priority.
Legal basis: Article 10 1 of the Detailed Rules for the Implementation of the Patent Law. According to Article 20 of the Patent Law, the patent administrative department of the State Council accepts international patent applications filed under the patent cooperation treaty.
The provisions of this chapter shall apply to the conditions and procedures for an international patent application filed in accordance with the patent cooperation treaty and designated by China (hereinafter referred to as the international application) to enter the processing stage of the patent administration department in the State Council (hereinafter referred to as the national stage in China); Where there are no provisions in this chapter, the relevant provisions of the Patent Law and other chapters of these Rules shall apply.
Article 102 An international application for which an international application date has been fixed and China has been designated according to the Patent Cooperation Treaty shall be regarded as a patent application filed with the patent administration department of the State Council, and the international application date shall be regarded as the filing date referred to in Article 28 of the Patent Law.