when the idea of the invention has just taken shape in the mind, even if it has not been successful at this time, the applicant should record the contents of the invention, and once the invention is completed, it is necessary to immediately judge which contents can apply for patent protection. On the basis of patent search, it is best to get the help of licensed patent agents. As China adopts the first application system, it is very important to submit the patent application to the patent office as soon as possible after the evaluation. Only one patent right is granted for the same invention, and this right belongs to the person who applied first. Before the application, it should be kept strictly confidential, and the novelty will be lost because of the publicity.
writing patent application documents
the applicant usually hires a licensed patent agent to help with the patent application. After the two parties sign the entrustment agreement, the applicant usually provides the patent disclosure materials, and the agent writes the documents according to the contents of the disclosure materials. Patent application documents include specification, patent claims, appended drawings of specification, abstract of specification, etc. The patent claim is a legal document to determine the scope of patent protection, while other documents disclose the invention in detail and give literal and substantial support to the scope of protection of the patent claim.
patent retrieval
next, the applicant needs to conduct a comprehensive patent novelty retrieval, which covers not only patents in China, but also scientific research papers, foreign patent documents and public publications in China. If no existing technology with the same or similar invention content is retrieved, you can consider applying for a patent as soon as possible. Generally speaking, a licensed patent agent can provide valuable reference information for the applicant.
There are millions of patent documents in China National Intellectual Property Administration's websites and archives, and free patent databases have been opened on the websites of patent departments in various countries for public inquiry.
Computer retrieval is not enough
Computer inspection has helped a lot in many cases, but it is not foolproof. Depending on the database used, the user's retrieval experience and language level, there will be different retrieval results, and sometimes important information, such as key pictures or chemical structures, will be missed.
In addition, if the user doesn't know how to make use of online resources and lacks the understanding of "novelty" and "creativity" stipulated by law, he will not be able to make a correct judgment on the search results. Therefore, it is better to entrust China National Intellectual Property Administration Patent Office to search, which has the most comprehensive database resources in China. The searchers are generally from Patent examiners, with rich search experience and good foreign language ability. As the retrieval report given by the Patent Office is not analyzed, it is best for the applicant to entrust a practicing patent agent to help make judgment and analysis.
patent application process
after retrieval, the inventor can judge whether it is necessary to apply. After the patent application is accepted, it will temporarily remain in a state of uncertain legal results, which can also be called "patent pending". Depending on the type of patent and the content of the invention, this time will generally last for 1-3 years until the patent application is authorized or rejected.