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 the State Patent Office 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 written request and a picture or photograph of the design shall be submitted.
Patent application documents can be written by the applicant himself or by others.
The application documents can be submitted directly to the State Patent Office, registered mail to the State Patent Office, or entrusted by an agent.
After receiving the required patent application documents, the State Patent Office will issue an acceptance notice to the applicant, indicating the date and number of the patent application and related matters.
After that, the applicant shall pay the relevant fees as required.
You can pay directly to the patent office, remit money through the post office or bank, and transfer money through an agent.
The best step to apply for a patent is 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.
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 Generally speaking, entrusting a patent agency to apply for a patent should go through the following steps: 1. Consult 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. 2. 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.
Three. Technical disclosure 1. The applicant provides the patent agent with background information about the invention 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.
Four. The agent who determines the application scheme makes a preliminary judgment on the prospect of the patent application based on his understanding of the invention and creation, and advises 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) Prepare application documents 1 and write patent application documents; 2. Make application documents; 3. Submit a patent application and obtain a patent application number.
Examination 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.
When necessary, the applicant shall cooperate with the patent agent to complete the above work. Seven. Examination 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, about 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, 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.
Types of patent preparation, patent application 1 what application documents need to be submitted. Types of patent applications There are three types of patent applications: invention, utility model and design.
You may apply for a patent for invention for a new technical scheme proposed for a product, method or improvement; You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products; A new design that is aesthetically pleasing and suitable for industrial application is made according to the shape, pattern or combination of them, and the combination of color and shape and pattern, and can apply for a patent for design.
2. What application documents should be submitted to apply for an invention patent? The application documents shall include: the request for a patent for invention, the specification (if the specification has attached drawings, it shall be submitted), the patent claim and the abstract (if necessary, it shall have attached drawings) in duplicate.
For an application for a patent for invention involving amino acids or nucleotide sequences, the specification shall include a sequence list, which shall be submitted as a separate part of the specification, and at the same time, a CD or floppy disk containing the sequence list that meets the requirements of China National Intellectual Property Administration shall be submitted.
To apply for a patent for utility model, the application documents shall include: the request for a patent for utility model, the specification, the drawings of the specification, the claims, the abstract and the drawings in duplicate.
To apply for a patent for design, the application documents shall include: a request for a patent for design, pictures or photographs in duplicate.
Where color protection is required, color pictures or photographs shall also be submitted in duplicate.
If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed.
If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate.
(1) can entrust an agent.
(2) Go to the Beijing Intellectual Property Office in person. The form can be downloaded from official website or obtained from the Intellectual Property Office.
(3) It is suggested to ask a patent agency for help.
It should be noted that patent agents need special qualifications.
This qualification is different from that of lawyers and trademark agents.
At present, a large number of "intellectual property agency companies" or "law firms" that do not have patent agency qualifications conceal the fact that they do not have patent agency qualifications, and it is difficult to succeed in representing patent affairs.
Please consult Beijing Zhongshenghui Intellectual Property Agency Co., Ltd. for details.