What can a patent agent do for you?
Before the patent inventor files an application, the patent agent will ask whether he can apply for a patent. The patent agent will also explain to the inventor whether his invention should seek patent protection or be protected as a trade secret. When applying for a patent, we should consider the economic benefits of the invention. If the application scope of the invention is narrow and there is no economic potential, it is of little significance for the inventor to apply for a patent after paying a large amount of patent maintenance fee every year. At this point, the patent agent should advise the inventor to abandon the patent application and seek protection from the perspective of trade secrets. Before the patent agent applies for a patent: consult the patent inventor. Before applying, he will ask whether he can apply for a patent. The patent agent will also explain to the inventor whether his invention should seek patent protection or be protected as a trade secret. When applying for a patent, we should consider the economic benefits of the invention. If the application scope of the invention is narrow and there is no economic potential, it is of little significance for the inventor to apply for a patent after paying a large amount of patent maintenance fee every year. At this point, the patent agent should advise the inventor to abandon the patent application and seek protection from the perspective of trade secrets. Because the process of applying for a patent requires the inventor to announce the contents of his invention to the public, once the application is unsuccessful, the inventor's invention becomes public information and cannot be avoided to be used by a third party. A patent agent shall, in accordance with the provisions of the Patent Law, judge whether the inventor's invention violates national laws and social ethics or harms public interests, and whether it belongs to the invention-creation in the technical field that is not granted patent right in China's Patent Law. If the inventor decides to apply for a patent, the patent agent shall, according to his own experience and the latest situation, make suggestions to those regions and countries on providing patent applications for the inventor. So, what can a patent agent do for the patent applicant? When applying for a patent, a patent agent may write application documents for the inventor and file an application with the Patent Office. Patent application documents are both legal documents and technical documents, and their compilation requires meticulous and rigorous work. Before drafting the application documents, the patent agent shall know all the contents of the invention in detail, analyze and study the technical features that can constitute the invention, and determine those technical features related to the essence of the invention in the claim as the content of the claim. After completing the preparation of the application documents, the patent agent shall assist the applicant to file an application with the Patent Office in time. A patent agent shall, after submitting the patent application documents to the Patent Office and determining the application date and application number, continue to provide services for the inventor in the examination and approval stage of the patent application. As stipulated in the patent law. Submit a request for substantive examination to the Patent Office within a certain period of time from the date of application, assist the patent applicant to modify the invention and claim, and reply to the examiner's substantive examination report. At the stage of patent examination and approval, patent agents can also assist the applicant to withdraw the patent application in accordance with the provisions of the Patent Law. If they are dissatisfied with the rejection of the patent application by the Patent Office, they can request a reexamination from the Patent Reexamination Board. If they are dissatisfied with the reexamination decision of the Patent Reexamination Board, they can assist the patent applicant in bringing a lawsuit to the court. After patent application: after the patent application is successful, the patent agent can pay the annual patent maintenance fee instead of the applicant within the patent validity period. After the patentee obtains the patent right, the patent agent shall provide advice to the parties on the way to implement the patent, whether to implement it by himself or license or transfer the patent right. In licensing trade, patent agents should help the parties to determine the transfer conditions according to the market demand, the technical level and production capacity of the technology transferee, and can participate in the negotiation, drafting and signing of the licensing contract on behalf of the parties.