In western developed countries, patent lawyers generally require the parties to conduct a preliminary patent search before applying for a patent. Although the cost is equivalent to half or more of the cost of patent application, this step has become one of the necessary steps in patent application because of its important role. The function and significance of patent retrieval before patent application can be summarized as follows:
1, the possibility of patent application authorization can be evaluated.
According to the investigation of foreign patent agencies, more than 66% of invention patents could not be authorized, most of which were due to the existence of previously published documents and the lack of novelty.
2. This will help patent agents to draft patent documents better.
Through the preliminary patent search before the application, we can obtain the necessary information to understand the existing technology, so that we can compare the existing technology and describe the beneficial effects and creativity of the application, as well as the essential differences with the existing technology. This is very important for future substantive review.
3. The preliminary patent search before application will improve the application scheme.
Through the preliminary search before application, we can get some relevant comparison documents, which are likely to contain references, which will help the applicant to improve the technical scheme, so as to better put forward the technical scheme and obtain the best protection effect.
4. Preliminary patent search before application can save you time and money.
Usually refers to the time from the application for a patent for invention to whether the patent is granted or not. If the applicant does not conduct a preliminary patent search before applying for a patent, once the patent is not authorized or the scope of protection is narrowed, it will not only lose the application fee, but also lose valuable time and energy.
Second, how to submit the patent retrieval application report
The request for the retrieval report of utility model patent can only be made by the applicant, and if there is an agent at the time of application, it shall be handled by the original agent; If a new agent is entrusted, it shall be handled by the new agent; Where the patent right for utility model has been transferred, the patentee or patent agency shall request to retrieve the report.
According to whether to entrust a patent agency, it can be divided into the following categories:
1. If there is no entrusted agency for the patent, the patentee may directly make a search request to the Patent Office, and the request for the search report of the utility model patent shall be signed and sealed by all patentees.
2. If the patent has an agency, it can be divided into the following three situations:
(1) If the patent has a full-time entrusted agency, the request for retrieval report shall be made by the patent agency. The request for retrieval report of utility model patent shall be sealed by the agency. The patentee shall not directly file a search request with the Patent Office.
(2) Where the patentee entrusts other agencies to handle retrieval affairs on his behalf, he shall also submit a power of attorney for entrusted retrieval affairs, and the request for retrieval report of utility model patent shall be sealed by the agency.
(3) If it is really necessary for the patentee to make a search request directly to the Patent Office, it shall go through the formalities for changing the agency in advance or at the same time, and terminate the entrustment relationship with the original agency. The request for retrieval report of utility model patent shall be signed by all patentees.