After establishing an agency relationship with a patent agent, the inventor shall provide detailed technical information necessary for writing patent documents according to the requirements of the agent; Detailed technical data include the purpose of invention and creation, the comparison between old and new technologies, the main technical features, the specific scheme to realize the purpose of invention and creation, and the attached drawings that can explain the purpose of invention and creation.
If the inventor can't draw drawings or provide necessary detailed technical data, he can directly dictate to the patent agent, and the patent agent can complete the whole process of patent application for you according to the inventor's invention intention until the patent right is obtained.
The procedure of entrusting a patent agency to apply for a patent generally goes through the following steps: 1. Consultation: 1. Determining whether the invention content belongs to patentable content; 2. Determine what kind of patent (invention, utility model, design) can be applied for the content of the invention. 2. Sign the agency agreement. The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the applicant's inventions confidential.
Three. Technical disclosure 1. The applicant provides the patent agent with background information about the invention or entrusts the retrieval of relevant contents; 2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Four. The agent who determines the application scheme makes a preliminary judgment on the prospect of the patent application based on his understanding of the invention and creation, and advises the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant.
If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Verb (abbreviation of verb) Prepare application documents (www.zlshow.com downloaded from China Patent Exhibition Network) 1. Writing patent application documents; 2. Make application documents; 3. Submit a patent application and obtain a patent application number.
Examination of intransitive verbs The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination.
When necessary, the applicant shall cooperate with the patent agent to complete the above work. Seven. Examination conclusion China Patent Office will authorize or reject the examination conclusion according to the examination situation. This process usually takes about 6 months for design, about 2 months for utility model 10- 12 months, and 2-4 years for invention patent.
8. Handling patent registration or reexamination request: If the patent application is authorized, it shall go through the registration formalities according to the requirements of the patent authorization notice and obtain a patent certificate.
If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances.
At this point, the patent application process is over.
References:
Www.zlshow.com, China patent exhibition network-practical skills What is a patent patent mainly refers to the patent right.
Patent right is a kind of exclusive right, which refers to the patent right granted to the patent applicant by the national patent examination and approval authority after passing the examination according to law.
Why get a patent? Patents can protect technological innovation and innovation.
Anyone who invents, creates or improves a new practical process method, machine, product or material component may apply for a patent.
Most countries in the world have their own patent systems.
After obtaining a patent in a country, the patentee has the right to prevent others from implementing his invention in this country. In most countries, the most radical patent protection period is 20 years.
In order to maintain the validity of the patent, it is necessary to pay an annual fee, usually once a year. Many countries outside the United States refuse to provide patent protection for inventors who disclose their inventions before applying for a patent, so inventors should avoid publishing or selling their inventions before applying for a patent.
Types, duration of protection and examination methods of patents.
There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
The application for a patent for invention shall be subject to the system of early publicity and deferred examination, and the protection period shall be twenty years, counting from the date of application.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
The application for a patent for utility model shall be subject to a preliminary examination system, and the protection period shall be ten years, counting from the date of application.
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.
The design patent shall be subject to the preliminary examination system, and the protection period shall be ten years, counting from the date of application.
The applicant should consider which patent is more suitable for application in combination with the technical level, commercial value, market life and cost of the invention and creation.
The conditions for granting the patent right are: 1, which does not violate national laws and social ethics and does not hinder public interests. 2. Contents and technical fields for which the patent right is not granted as stipulated in the Patent Law: 1) Scientific discovery. 3) Methods of diagnosis and treatment of diseases. 4) Animal and plant varieties. 5) A method for producing the products listed in item 4) above from substances obtained by nuclear transformation.
3. Patented inventions and utility models shall be novel, creative and practical.
Novelty means that before the filing date, no identical invention was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was applied for a patent in China National Intellectual Property Administration by others and recorded in the patent application documents published after the filing date.
Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that an invention or utility model can be manufactured or used, and can produce positive effects. 4. Patents and designs shall be different from or similar to designs published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the legal rights previously obtained by others.
Preparation before patent application: 1) Pay attention to confidentiality; 2) Feasibility analysis: search domestic and foreign patents, consult relevant professional punishments, understand the current situation of similar technologies or products, and analyze the feasibility of obtaining patents to avoid the waste of manpower, material resources and financial resources.
There are two ways to apply for patent: 1. Where an applicant applies for a patent by himself, he may apply directly to the China National Intellectual Property Administration Patent Office or apply for a patent outside the agency.
The address of the reception office of China National Intellectual Property Administration Patent Office is No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing, with the zip code of 100088.
China National Intellectual Property Administration has a patent agency in Guangzhou, located in the provincial intellectual property office at Xianlie Middle Road 100, Guangzhou.
2. Entrusting an agent to apply for a patent In accordance with the provisions of the Patent Law, the applicant entrusts a statutory agency approved by the state to apply for a patent in the name of the client to the China National Intellectual Property Administration Patent Office or its dispatched office.
The procedure for entrusting an agent to apply for a patent is: 1) Sign a patent agency entrustment contract with the Patent Office; 2) Provide the technical data required for patent application (legal provisions: patent agents are responsible for confidentiality); (3) Paying agency fees and application fees; What documents should be submitted when applying for a patent; 1. The request for a patent for invention or utility model, the specification (a patent for utility model must have attached drawings), its abstract and the claims; B, design patent application and design pictures or photos can be downloaded from China Patent Exhibition Network or other official websites (www.zlshow.com).
All application documents must be written in the format prescribed by the state or the application date must be determined. The date when the China National Intellectual Property Administration Patent Office or its patent agency receives the patent application documents shall be the filing date.
If the application documents are mailed, the postmark date of mailing shall be the application date.
The organ that accepts the patent application shall give the application number, determine the application date, and issue a notice of acceptance to the qualified application.
If the application for a patent for invention has been examined in substance, and the application for a patent for utility model and design has not found any reason for rejection after preliminary examination, the Patent Office shall make a decision on granting the patent right, issue a patent certificate, and register and announce it.
General procedure for patent application abroad: 1. You must apply for a patent in China first; 2. Go to China National Intellectual Property Administration Patent Office to handle the priority certificate and formalities; 3. Entrust a foreign-related patent agency to act as an agent; 4. Where an invention-creation involving national security or vital interests needs to be kept confidential applies for a patent abroad, it shall be handled in accordance with the relevant provisions of the state.