1。 Preparation documents and procedures of patent application
When an enterprise applies for a patent for invention, the materials it should prepare include the request for a patent for invention, the specification, and, if necessary, the appended drawings, claims, abstract and drawings in duplicate.
R&D personnel applying for the use of a new patent shall prepare a written request, a specification and its drawings, a patent claim, an abstract and its drawings in duplicate. When an enterprise applies for a product design patent, the materials it needs to prepare include a request in duplicate, pictures or photographs.
In the specific process, the inventor shall prepare the materials and application documents, submit the written first draft of the application specification and the electronic version of other documents together with the application, and entrust a patent agency to apply. The patent agent will write a formal application document according to the first draft of the application specification. After all the application documents are confirmed by the inventor, the patent agent will complete the work of filling, printing and copying. According to the format stipulated by the Patent Office, then formally submit an application to the Patent Office, and the Patent Office will handle the accepted patent application. If it is found to be qualified, a notice of preliminary examination will be issued, which will be publicized within 18 months from the date of application; If it is considered unqualified, it shall be notified to make corrections, and if it is qualified, it shall be made public; Still unqualified, the application is rejected.
2。 Pay attention to the scope and duration of patent application.
The choice of the scope of protection of enterprise patent application is of great significance for enterprises to obtain exclusive monopoly rights. According to the definition of patent law, the scope of patent protection applied by China enterprises is determined on the basis of patent claims. When an enterprise applies for a patent, the scope of protection of the new technology or new research and development achievements shall be indicated in the application. Once the patent application is passed and the patent right is granted, the patent claim is the basis for protecting this patent.
In addition, enterprises need to pay attention to the duration of patent protection. China's patent law stipulates that the invention patent is 20 years from the date of filing, and the utility model patent and design are 10 years. If the patent protection period expires, the annual fee is not paid or the patent is voluntarily abandoned, the patent right will no longer be protected.