Based on this logic, we always try to explain some technical problems.
The best thing is that there are many problems in the existing technology, which have been overcome by my brilliant invention.
However, the description of the prior art in American patents should not be too detailed for the following reasons:
1. There is too much background technology. You are very clear about the background technology provided, but it is difficult to hide anything behind it;
3. Talking too much may also inspire competitors, thus forming their technology roadmap;
4. American patents have the obligation to disclose information, that is, the application documents must also provide a list of patents about the background technology, which must not be concealed;
As for these technologies, the examiner didn't see how they affected the application, or the examiner didn't see the important information here. This is the examiner's business, and the responsibility is not the inventor's.
However, if the inventor fails to provide it at the time of application, he shall bear the responsibility;
Therefore, in the US application, for the background art:
1. Don't say things you are not sure about;
2. Explain as simply and generally as possible, and don't criticize the existing technology;
3. The list of background technical documents should be provided as much as possible, which can avoid responsibility and speed up the audit;
Here, especially:
American patent background technology, its purpose is to tell the examiner a story, explain the advantages of this application, and persuade the examiner to grant the patent right.
In our impression, American lawyers' fees are charged by the hour, which is so expensive!
Our intuition is that if all the cases were written and translated in China, wouldn't they submit them directly? What is so expensive to spell?
Is the time given by American lawyers reliable? Did you really spend that much time?
In the communication with American lawyers, I found that:
Charge by the hour, but they generally dare not drive more, and the driving time is less than the actual time, because most customers will not accept it;
They are responsible for following up the cases submitted by themselves.
The first American reputation culture;
Second, the patent application fee in the United States is very expensive, and it must stand the challenge of the market if it is used to "fight" in the future. If there is a problem, the responsibility of the agent is unshirkable;
They often have loopholes in other people's review documents, so they are very clear about what kind of goals they will become if they are not rigorous and casual.
Therefore, they are not simple manual processes.
Examiners in the United States are basically technicians with science and engineering backgrounds. After simple legal training, they go to the Patent and Trademark Office to examine cases.
Therefore, most of them will be modest to their lawyers, and they will often be willing to listen to their lawyers and communicate more actively.
In such an environment, it is easier for agents to safeguard the interests of inventors.
In China,
The examiner represents the "official"; At the same time, in order to adapt to the rapidly developing intellectual property industry, there are many new examiners;
Agents, due to the rapid development of China's patent industry, a large number of novices enter the agency industry every year;
The key lies in the "unequal" relationship between the agent and the examiner. In order to authorize, the agent can't stick to the interests of the inventor and make concessions easily.
The agent defended the rights of the inventor and was directly rejected by the examiner in the case of "annoyance".
To be on the safe side, many times, it is better to give up your car and stay handsome.
For the patents of American universities, the inventors are more flexible in negotiations and can accept the relatively low licensing fee at the beginning.
This enables small technology companies to afford patents from American universities.
After purchasing these patents, the inventor and the enterprise share the risks and share the later benefits.
Inventors may acquire shares in technology in the future, or they may continue to gain profits;
Because of the flexible negotiation strategy, the patents of American universities are easy to transfer and transform.
In addition, some patents granted by American universities have very high income.
Often it is "a patent license income can support a university."
Officials believe that because the rate of return is so high, the inventors of American universities, the patented technology with the most commercial prospects in universities, will attach great importance to it and invest more in the early stage.