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 has established an agency relationship with the patent agent, the patent agent is your technical consultant and patent lawyer.
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.
I consultations:
1, to determine whether the invention belongs to patentable content;
2, determine the invention content can apply for what kind of patent type (invention, utility model, design).
Second, sign an 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 contents of the applicant's inventions confidential.
Third, 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.
Fourth, determine the application plan.
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and 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.
Verb (abbreviation of verb) Preparation of application documents
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.
Review 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 process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Seven. Review conclusion
China Patent Office will authorize or reject the examination conclusion according to the examination results. Generally, this process takes about 6 months for design, 2 months for utility model 10- 12 months, and 2-4 years for invention patent.
Eight, go through the formalities of patent registration or reexamination request:
If the patent application is authorized, it shall go through the registration formalities in accordance with 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:
Nanjing Technology Market Management Office). 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 procedures for applying for foreign patents:
1, you must first apply for a patent in China.
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.
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