Patent application is a legal system to protect the intellectual property rights of inventions and creations under the conditions of market economy. All inventions with patent conditions should apply for patents as soon as possible in order to obtain legal protection from the state. To apply for a patent, the necessary application documents must be submitted to China National Intellectual Property Administration in accordance with the regulations. To apply for a patent for invention or utility model, a request, specification, patent right, abstract of specification and necessary drawings shall be submitted. To apply for a patent for design, a request, a design picture or photograph, a brief description and other documents shall be submitted. Patent application documents can be written by the applicant himself or by others.
Best step
Patent application is a legal procedure. If the inventor applying for a patent wants to obtain a patent right quickly and safely and obtain legal protection, he can entrust a patent agent of the Patent Office to provide you with legal and technical assistance. Once the inventor establishes the principal-agent relationship with the patent agent, the patent agent is your technical consultant and patent lawyer. Accurately speaking, a qualified patent agent will help the inventor to carry out the secondary development of the technology to be patented, such as mining alternatives. At the same time, the inventor needs to provide technical support to the agent and provide relevant information in time.
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.
Procedures for Entrusting a Patent Agency to Apply for a Patent Entrusting a Patent Agency to apply for a patent generally goes through the following steps.
Consultation:
1, to determine whether the invention belongs to patentable content; For this consultation, it is recommended to consult several companies and compare them to determine the correct conclusion. Because at present, many information receptionists take commission, sometimes there will be inappropriate reply to the consultation for the business volume.
2. Determine what kind of patent (invention, utility model, design) can be applied for the content of the invention. 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.
technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation 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. On the basis of understanding the invention and creation, the agent who determines the application scheme will make a preliminary judgment on the prospect of the patent application, and will advise 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.
Prepare application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
check
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above review 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, 2 months for utility model 10- 12 months, and 2-4 years for invention patent. With the improvement of the examination efficiency of the patent office, the examination and authorization time of design and utility model is about 4-6 months.
Go through the formalities of patent registration or request for reexamination: If the patent application is authorized, go through the registration formalities according to the requirements of the patent authorization notice and obtain the 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.