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The best steps to apply for a patent
1. Applying for a patent is a legal process. The inventor who applies for a patent must want to To quickly and securely obtain patent rights and obtain legal protection, you can entrust a patent attorney from a patent firm to provide you with legal and technical assistance. Once the inventor establishes an agency relationship with the patent attorney, the patent attorney will Your technical advisor and patent attorney.
2. After the inventor establishes an agency relationship with the patent agent, he should provide the detailed technical information necessary for writing patent documents according to the agent's requirements; the detailed technical information includes the purpose of the invention and creation, and comparison of new and old technologies. , main technical features and specific plans for implementing the purpose of the invention and creation, as well as drawings that can explain the purpose of the invention and creation, etc.
3. If the inventor cannot draw drawings or cannot provide necessary detailed technical information, he can directly speak to the patent agent. The patent agent can complete the entire patent application process for you based on the inventor's inventive intention. , until patent rights are obtained.
4. 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
1. Determine whether the content of the invention is patentable Content;
2. Determine which patent type (invention, utility model, design) can be applied for 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
1. Based on the understanding of the invention and creation, the agent will make a preliminary judgment on the prospects of patent application and the possibility of patent authorization. For small applications, the applicant will be advised to withdraw. At this time, the agency will charge a small consulting fee, and most of the application agency fees will be returned to the applicant.
2. If the prospect of patent authorization is great, the patent agent will propose a clear application plan, scope and content of protection, and start preparing 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 authorization based on the examination situation. To reject the review conclusion, this process generally takes about 6 months for appearance designs, 10-12 months for utility models, and 2-4 years for invention patents.
8. Handling 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