Procedures for entrusting a patent agency to apply for a patent: consultation, signing an agency agreement, technical disclosure, determination of application scheme, preparation of application documents, examination of conclusions, handling patent registration procedures or re-examination requests.
1, consulting
Determining whether the invention content belongs to patentable content; For this consultation, it is suggested to consult several patent agencies, compare them and determine the correct conclusion. Because at present, many information receptionists of patent agencies take commission, sometimes they will make inappropriate replies to the consultation for the sake of business volume. Determine what kind of patent (invention, utility model, design) can be applied for the invention content.
2. Sign 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.
3, technical disclosure
The applicant provides the patent agent with background information related to his invention or creation or entrusts the retrieval of relevant contents; The applicant introduces the invention in detail to help the patent agent fully understand the invention.
4. Determine the application scheme
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the 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 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.
Step 5 Prepare application documents
Writing patent application documents; Making application documents; Submit a patent application and obtain a patent application number.
Step 6 review
The Chinese Patent Office examines the patent application documents, and the patent agent makes patent corrections, replies and changes during the examination process. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
7. Review conclusions
China Patent Office will authorize or reject the examination conclusion according to the examination results. Generally, this process takes about 6 months for design, 2 months for utility model 10- 12 months, and 2-4 years for invention patent. With the improvement of the examination efficiency of the patent office, the examination and authorization time of design and utility model is about 4-6 months.
8. Patent registration procedures or reexamination requests.
If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate. If the patent application is rejected, it shall be determined whether to file a request for reexamination according to the specific circumstances. At this point, the patent application process is over.
Matters needing attention
1. To apply for a patent for invention or utility model, the applicant shall submit a request, a specification and its abstract, a patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary.
2. The abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification and indicate the scope of patent protection. To apply for a patent for a design, the applicant shall submit a request, a picture or photograph of the design and other documents, and shall specify the product and its category in which the design is used.