The process of patent application in China: Entrusting a professional institution to handle patent application is a professional legal procedure, which not only has strict time limit requirements in procedure, but also has detailed requirements on the format, content and payment standard of application documents. Any mistake may make the patent application fail and cause irreparable losses.
Writing patent application documents is different from writing technical articles or papers. Among them, the patent claim and specification are the two most important parts in the application documents for patents for inventions and utility models. Their writing is a legal and technical work, and its writing quality directly affects whether the invention can be granted patent authorization and the speed of patent application approval in the patent office. The writing quality of patent claims will also determine the scope of patent protection. However, only through authorization procedures (such as invalidation and infringement litigation) can the patentee deeply realize the importance of the writing quality of patent documents.
According to China's patent agency system, only those who have passed the national patent agent qualification examination organized by China National Intellectual Property Administration and worked as an intern in a patent agency for one year can serve as patent agents. Therefore, patent agents generally have comprehensive patent legal knowledge, certain technical knowledge, and are familiar with the procedures and requirements of patent application. At the same time, the patent agent must work in a patent agency recognized by China National Intellectual Property Administration and obtain an agent's work permit, and the patent agency is responsible to the customer. Therefore, entrusting a patent agency to apply for a patent can improve the quality of patent application documents, speed up the progress of patent examination and approval, better protect inventions and avoid unnecessary losses.
First, the process of applying for a patent in China: determine the content of the invention.
1, to determine whether the invention belongs to patentable content;
2. Determine which patent type (invention, utility model, design) can be applied for the invention content.
Second, the process of applying for a patent in China: signing an 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 contents of the applicant's inventions confidential.
Third, the process of patent application in China: technology disclosure.
1. The applicant provides the patent agent with background information about the invention-creation 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.
Fourth, the process of patent application in China: determine the application scheme.
1. On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and will advise 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;
2. 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) the process of applying for a patent in China: preparation of application documents.
1, writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain a patent application number.