Applying for a patent is a legal process. If the inventor who applies for a patent wants to obtain patent rights quickly and securely and obtain legal protection, he or she can entrust a patent agent from a patent firm to provide you with legal and technical assistance. Once the inventor establishes an agency relationship with a patent attorney, the patent attorney will be your technical advisor and patent attorney.
After the inventor establishes an agency relationship with the patent agent, he should provide the detailed technical information necessary for writing patent documents according to the agent's requirements; the detailed technical information includes the purpose of the invention and creation, comparison of new and old technologies, main Technical characteristics and specific plans for implementing the purpose of the invention and creation, as well as drawings that can explain the purpose of the invention and creation, etc.
If the inventor cannot draw or cannot provide necessary detailed technical information, he can directly speak to the patent agent. The patent agent can complete the entire patent application process for you based on the inventor's inventive intention. Obtain patent rights.
The procedure for entrusting a patent agency to apply for a patent
Entrusting a patent agency to apply for a patent generally requires the following steps
1. Consultation:
1. Determine whether the content of the invention is patentable;
2. Determine which type of patent (invention, utility model, design) the content of the invention can apply for.
p>2. Signing 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 The applicant's inventions and creations are obligated to keep confidential.
3. Technical disclosure
1. The applicant provides the patent agent with background information on the invention or creation or entrusts the search for relevant content;
2. The applicant Detailed introduction to the content of the invention and creation helps patent attorneys fully understand the content of the invention and creation.
4. Determine the application plan
Based on the understanding of the invention and creation, the agent will make a preliminary judgment on the prospects of patent application, and make a preliminary judgment on the possibility of patent authorization. The application will be recommended to be withdrawn by the applicant. At this time, the agency will charge a small consulting fee, and most of the application agency fee will be returned to the applicant.
If the prospect of patent authorization is great, the patent agent will propose a clear application plan, scope and content of protection, and start preparation for the formal application with the applicant's consent.
5. Prepare application documents
1. Write patent application documents;
2. Prepare application documents;
3. Submit Apply for a patent and obtain a patent application number.
6. Review
The China Patent Office will review the patent application documents. During the review process, the patent agent will carry out patent corrections, opinion statements, defenses, changes, etc. If necessary, the applicant should cooperate with the patent agent to complete the above work
7. Examination Conclusion
The China Patent Office will make an authorization or rejection examination conclusion based on the examination situation. This process The processing time is generally: about 6 months for appearance design, about 10-12 months for utility model, and 2-4 years for invention patent.
8. Handle patent registration procedures or reexamination requests:
If the patent application is authorized, go through the registration procedures and receive a patent certificate according to the requirements of the patent authorization notice.
If the patent application is rejected, whether to file a reexamination request will be determined based on the specific circumstances.
At this point, the patent application process is over.
Types of patents and what application documents should be submitted for patent applications
1. Types of patent applications
Patent applications are divided into three categories: invention, utility model and design. type. New technical solutions proposed for products, methods or improvements can be applied for invention patents; new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use can be applied for utility model patents; for the shape of the product , pattern or their combination, as well as the combination of color, shape, and pattern to create a new design that is aesthetically pleasing and suitable for industrial application, you can apply for a design patent.
2. What application documents should be submitted for patent application
If applying for an invention patent, the application documents should include: invention patent request, description (if the description has drawings, the description should be submitted (with drawings), claims, abstract (abstract and drawings when necessary), each in duplicate.
When applying for a utility model patent, the application documents shall include: utility model patent request, description, drawings of the description, claims, abstract and drawings, each in duplicate.
When applying for a design patent, the application documents should include: design patent request letter, pictures or photos, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed. If a description is needed for pictures or photos, a brief description of the design should be submitted in duplicate.
1. You can ask an agency for help!
2. Go to the Beijing Intellectual Property Office in person to apply. The application form can be downloaded from the official website or requested from the Intellectual Property Office.
3. It is recommended to hire a patent agency
Consult Beijing Zhongshenghui Intellectual Property Agency Co., Ltd.