I don't think so. There are three types of patents: utility model patents, appearance patents and invention patents. No matter how they are applied, they have been searched first. To some extent, they either apply for patents and write them themselves and send them to China National Intellectual Property Administration. Either find an agency to write it, and they are responsible for submitting it. Patent applications are professional and legal documents, so they must be written in a certain format. It is recommended to find an agency, such as Zhizhuxia Intellectual Property. Of course, you can contact the respondent and give some simple guidance.
There are specific requirements for filling in and writing patent application documents. Applicants can fill in or write them themselves or entrust a patent agency to handle them on their behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.
acceptance of patent applications
after receiving a patent application, the patent office acceptance office or each patent office agency will determine the application date, give the application number and issue an acceptance notice for the application that meets the acceptance conditions.
How to pay the application fee
The application fee and other fees can be paid directly to the toll office of the Patent Office or the agency of the Patent Office, or remitted by bank or post office. At present, banks use electronic transfer and post offices use electronic remittance. When paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the remittance slip, and the name of the payment shall be abbreviated. The remitter shall require the bank or post office staff to enter the above payment information in the remittance postscript column. If remittance is made through the post office, the post office staff shall also be required to enter the complete mailing address, including the postal code, which will play an important role in future procedures. Fees shall not be sent to the Patent Office.
when the application fee is paid, if the patent application documents are submitted in person, the application fee can be paid after obtaining the notice of acceptance and the notice of payment of the application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
Patent Approval Procedure
According to the Patent Law, the approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design is not published and examined in substance during the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.
active modification and correction of patent application documents
active modification and correction of patent application documents is also a procedure that the applicant can choose as needed. Applications for patents for utility models and designs are only allowed to be voluntarily amended within two months from the date of application; An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.
reply to all kinds of notices from the patent office
(1) Observe the time limit for reply, and the consequences of late reply are the same as those of no reply. In view of the problems pointed out in the notice of review opinions, answer them one by one. The reply can agree with the examiner's opinion, and make corrections or modify the application according to the examination opinions; If you disagree with the examiner, you should state your opinions and reasons.
(2) It is a defect in format or procedure, which can generally be eliminated through correction; Obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, we can only defend and state opinions on whether there are or belong to obvious substantive defects.
(3) No amendment or amendment to an application for a patent for invention or utility model shall exceed the scope recorded in the original specification and claims, and no amendment to an application for a patent for design shall exceed the scope indicated in the original picture or photograph. The revised document shall be submitted with a replacement page in the prescribed format.
(4) The reply shall be submitted in the prescribed format. Such as submitting corrections or opinions. In general, the formal problems or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, the opinion statement is used when defending.
Entrusting a patent agency to apply for a patent generally goes through the following steps
1. Consultation:
1. Determine whether the content of the invention belongs to the patentable content; For this consultation, it is recommended to consult more than a few companies and compare them to determine the correct conclusion. Because at present, many information receptionists are paid on a commission basis, and sometimes there will be inappropriate replies to the consultation for the sake of business volume.
2. Determine what kind of patent (invention, utility model, design) can be applied for the content of the invention and creation.
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 bind the patent agent to keep the content of the applicant's invention and creation confidential.
III. 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 and creation in detail to help the patent agent fully understand the contents of the invention and creation.
iv. determining the application scheme
based on the understanding of invention and creation, the agent will make a preliminary judgment on the prospect of patent application, and 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.
if there is a bright prospect for patent authorization, the patent agent will put forward a clear application scheme, the scope and content of protection, and begin to prepare for the formal application with the consent of the applicant.
V. Preparing application documents
1. Writing patent application documents;
2. Make application documents;
3. Submit a patent application and obtain the patent application number.
VI. Examination
The Patent Office of China will examine the patent application documents. During the examination, the patent agent will make patent corrections, opinions, replies and changes. If necessary, the applicant should cooperate with the patent agent to complete the above work
VII. Examination conclusion
The Chinese Patent Office will authorize or reject the examination conclusion according to the examination situation. The time of this process is generally about 6 months for design, 1-12 months for utility model and 2-4 years for invention patent.
VIII. Handling patent registration or reexamination request:
If the patent application is authorized, handle the registration formalities according to the requirements of the patent authorization notice and obtain the patent certificate.
if the patent application is rejected, it is determined whether to file a reexamination request according to the specific situation.