The acquisition of patent right also needs to start according to the corresponding patent application process. There are two ways to apply for a patent, one is to entrust a patent agency to apply for a patent, and the other is to apply for it yourself. The former needs to know the process of entrusting an agency to apply for a patent, while the latter only needs to know the procedure of applying for examination.
1. The process of entrusting a patent agency to apply for a patent:
Consultation-signing agency agreement-technical disclosure-determining application scheme-preparing application documents-reviewing-reviewing conclusion-handling patent registered capital or reexamination request.
1. The consultation process is to determine whether the invention content can be patented. For this consultation, it is suggested that all institutions can be screened and audited before making a conclusion. Determine what kind of patents can be applied for the invention content, such as invention patent, utility model patent and design patent.
2. The purpose of signing the entrustment agreement 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.
3. Technology disclosure means that the applicant provides the patent agent with background information about the invention or creation or entrusts the retrieval of relevant contents; The applicant introduces the invention in detail to help the patent agent fully understand the invention.
4. Determining the application scheme means that the agent will make a preliminary judgment on the prospect of the patent application according to his own understanding of the invention and creation, 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 there is a bright prospect for patent authorization, 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.
5. Prepare application documents, such as writing patent application documents, making application documents, submitting patent applications and obtaining patent application numbers.
6. Examination: The Patent Office of China examines the patent application documents. In the process of examination, the patent agent will make patent corrections, reply and change. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
7. The examination conclusion is that the Chinese Patent Office authorizes or rejects the examination conclusion according to the examination situation, and the time of this process is generally about 6 months for the design; The utility model is10-1February; Invention patent for 2-4 years. With the improvement of patent and examination efficiency, the examination and authorization time of design and utility model is about 4-6 months.
8. Go through the patent registration formalities or request for reexamination. 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.
The above is about how to apply for a patent to obtain a patent right. Related content of. If you need patent agency, please consult a professional intellectual property consultant.