1. Learn and be familiar with the Patent Law and its detailed rules for implementation, and learn in detail what a patent is, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent. At the same time, we should also know the rights and obligations of the patentee and how to maintain and implement it after obtaining the patent.
2. Investigate in detail whether the project to be patented can be patented, and fully understand the status of the existing technology. Because the existing technology includes patent literature, non-patent literature, authoritative journals and monographs, it is a very detailed and complicated work to conduct a comprehensive investigation of the existing technology. Nevertheless, the investigation of the existing technology is still an indispensable link, and finding information can often give applicants great help. For those who are obviously not novel or creative, there is no need to apply again, but it plays an important role in further developing ideas, perfecting inventions, modifying contents and standardizing formats according to the retrieved documents. If the applicant can afford it, he can entrust a professional organization to search for relevant literature, which is naturally the quickest way to investigate the existing technology. Shanghai Shang Hua Intellectual Property Co., Ltd. undertakes a large number of similar retrieval services every year.
3. We should seriously consider the patent application from the perspective of market economy. When applying for a patent, the application fee and examination fee must be paid. If you are approved, you must also pay the patent registration fee and annual fee. If a patent agency is entrusted, the agency fee must also be paid. This is a considerable investment. The applicant shall carefully predict and investigate the possibility and scope of the development of his invention-creation technology and the situation of the technology market and commodity market, and make clear the conditions for implementing and transferring the patent after obtaining the patent right and the possible economic benefits, as well as the possible market and economic losses caused by not applying for the patent. These are all important factors that an applicant should consider when deciding whether it is worth applying for a patent, what patent to apply for (invention, utility model or design) and when to apply for a patent.
4. Understand the writing format and requirements of patent application documents, the submission method, expenses and brief approval process of patent applications. According to the patent law, once the application is submitted, it cannot be substantially modified, so the application documents, especially the instructions, are not well written, which will become irreparable defects, and may even lead to the invention content being very good, but the patent cannot be taken out. Poorly written claims often limit the scope of patent protection. Failure to understand the application procedures and approval procedures will often lead to legal consequences such as the application being regarded as withdrawn. There are many skills in writing application documents, and all kinds of application procedures are also very detailed and demanding. If the applicant is uncertain, it is best to entrust a patent agency to handle the application procedures.
5. Other precautions before application: In order to ensure the novelty of patent application, the applicant should keep the contents of the application confidential before filing a patent application. Other personnel who participate in the invention test or appraisal process shall be required to keep it confidential, and a confidentiality agreement may be signed when necessary. In order not to lose novelty, an invention-creation first exhibited at an international exhibition sponsored or recognized by the China Municipal Government or first published at an academic or technical conference organized by the relevant competent department or national academic organization in the State Council shall file a patent application within 6 months after the meeting.