Applying for a patent is a legal system for protecting intellectual property rights of inventions and creations under market economy conditions. All inventions and innovations that meet patent conditions should apply for patents as early as possible to obtain national legal protection. To apply for a patent, you must submit necessary application documents to the State Intellectual Property Office in accordance with regulations. To apply for an invention or utility model patent, a request, description, claims, abstract of the description, necessary drawings and other documents must be submitted. To apply for a design patent, you should submit a request, pictures or photos of the design, a brief description and other documents. Patent application documents can be written by the applicant himself or entrusted to others. Applying for a patent is a legal procedure. 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 attorney from a patent office to provide you with legal and technical assistance. Once the inventor Establish an agency relationship with a patent attorney, who is your technical advisor and patent attorney. To be precise, a qualified patent agent will help the inventor to carry out secondary development of the technology to be patented, such as exploring alternative solutions, etc. At the same time, the inventor needs to provide technical support to the agent and provide all necessary information in a timely manner. Relevant information required. After the inventor establishes an agency relationship with the patent agent, he or she should provide the detailed technical information necessary for writing patent documents as requested by the agent; the detailed technical information includes the purpose of the invention and creation, comparison of old and new technologies, main technical features and the purpose of implementing the invention and creation. Specific plans, as well as drawings that can explain the purpose of the invention and creation, etc. If the inventor does not know how to draw or cannot provide the 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 until the patent right is obtained. The process of entrusting a patent agency to apply for a patent. Entrusting a patent agency to apply for a patent generally requires the following steps
1. Determine whether the content of the invention is patentable; for this consultation, it is recommended to consult more Compare several to determine the correct conclusion. Because many information receptionists are currently paid on a commission basis, and due to business volume, they sometimes respond inappropriately to inquiries.
2. Determine which type of patent (invention, utility model, design) the content of the invention can be applied for. The purpose of signing an agency agreement at this time is to clarify the relationship between the applicant and the patent agency. The rights and obligations mainly restrict the patent agent's obligation to keep the applicant's inventions and creations confidential.
3. The applicant provides the patent agent with background information on the invention or creation or entrusts the search for relevant content
4. The applicant introduces the content of the invention and creation in detail to help the patent agent fully Understand the content of inventions and creations. Based on the understanding of the invention and creation, the agent will make a preliminary judgment on the prospects of the patent application. For applications with a low possibility of patent authorization, the applicant will be advised to withdraw the application. At this time, the agency will charge a small consulting fee. Part 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. Write patent application documents;
6. Prepare application documents;
7. Submit patent application and obtain patent application number. The China Patent Office will review the patent application documents. During the review process, the patent agent will perform patent corrections, opinion statements, defenses, changes, etc. If necessary, the applicant should cooperate with the patent agent to complete the above work. The Chinese Patent Office will make an authorization or rejection review conclusion based on the review situation. The time for this process is generally: about 6 months for appearance design and 10-12 utility models. It takes about 2-4 years for invention patent. With the improvement of patent office examination efficiency, the review and authorization time for designs and utility models is about 4-6 months. If the patent application is authorized, the registration procedures shall be carried out according to the requirements of the patent authorization notice and the patent certificate shall be obtained. If a patent application is rejected, whether to file a request for reexamination will be determined based on the specific circumstances. At this point, the patent application process ends.
Handling patent registration procedures or reexamination requests:
Review conclusion
Review
Prepare application documents
Confirm Application plan
Technical briefing
Signing of agency agreement