Provide advice on whether to apply for a patent.
Before providing agency services for an inventor to apply for a patent, a patent agent shall first provide the inventor with suggestions on whether it is possible to apply for a patent or whether it is worth applying for a patent.
(1) A patent agent should first judge whether the content of an invention or creation violates national laws, social morality or harms the public interest according to the provisions of China's patent law. In addition, according to the provisions of Article 25 of China's Patent Law, you can't apply for a patent for an invention-creation that belongs to the technical field where no patent right is granted. The task of the patent agent is to explain to the inventor the relevant provisions of the patent law, and to carefully handle and judge whether the invention-creation belongs to the technical field where no patent is granted.
(2) For an invention-creation, whether to fight for patent protection or keep the secret of the invention-creation, the patent agent shall weigh the advantages and disadvantages according to the objective conditions such as technology and economy, and provide the inventor with a practical choice.
(3) Whether mastering the technical value of the patent meets the requirements of novelty, practicality and creativity stipulated in the Patent Law. If necessary, novelty search should be carried out to find out whether the new invention technology is newer than the existing technology level and whether it can be implemented. Otherwise, the patent agent must consider the interests of the inventor and advise him not to apply for a patent, so as not to waste money and time.
(4) Pay full attention to the economic benefits of invention and creation. If an invention is patentable, but its application scope is very narrow, it is impossible for large-scale production to enter the market and achieve commercial success, the patent agent should advise the parties to abandon the patent application. Because you have to pay a certain fee to apply for a patent, if you apply for a patent and get the results of several patents, the patentee must get the highest economic benefits. In addition to providing consulting services to applicants, inventors and patentees, patent agents can also provide consulting services to other parties that may be involved, such as dissidents, patent litigators and licensed traders.
It should be noted that in the consultation process, it is necessary to prevent being fooled.
At present, the common situation is: 1. No matter what you consult, even before you introduce your technology, you can definitely tell you that you can apply for a patent or even guarantee authorization. 2. Avoid engaging in patent agency that requires agency qualification, and have no corresponding qualification to undertake relevant agency business.
Write all kinds of patent documents and go through all kinds of patent procedures.
Due to the strong legal nature and high technical requirements of various patent documents, it is not easy for general inventors to complete or be unwilling to engage in this work. The patent agent's responsibility is to write all kinds of patent documents accurately. All kinds of patent documents are mainly application documents such as invention specifications and claims, as well as documents written for all parties on reexamination, objection to invalidation of patent rights, compulsory licensing of patent exploitation, infringement litigation and so on.
The writing of patent documents must be meticulous and rigorous, and the writing of invention books and claims is not only of decisive significance to the interests of the applicant, but also has great influence on the third party; If the patent application is delayed, it will bring irreparable losses to the inventor; If the writing of the claims makes the scope of protection too wide or too narrow, and if the technical essence of the invention-creation in the specification cannot be fully revealed, it will bring adverse consequences to the patent application. Handling all kinds of patent procedures, mainly for the applicant to handle objection procedures; To go through the formalities for invalidation of the patent right for the invalid claimant; Handle patent registration, patent transfer and patent infringement litigation for the patentee.
It should be noted that the applicant must actively cooperate with the agent's work and provide corresponding technical information and technical support. Don't ignore it after entrusting an agent, as if it were not your own. You know, whether a patent application can be approved or not, the scope of the right to be approved is closely related to the interests of the patent applicant or patentee. And it is forbidden to go back on our word, that is to say, if we don't do it well at first, there is basically no chance to make up for it later. For example, it is not allowed to add information after it has been submitted to the patent office.
Promote the implementation of patented technology and develop patent licensing trade.
Implementation is to turn patented inventions into productive forces. After the applicant obtains the patent right, the main task of the patent agent is to protect the patent right and implement the patented technology. In a patent dispute case, the parties may entrust a patent agent to seek a solution to the dispute; In licensing trade, patent agents should help the parties to determine the licensing conditions according to the market demand, the technical level and production capacity of the technology recipients, and can participate in the negotiation and drafting of patent licensing trade contracts as agents.