(1) patent application consultation;
(2) Acting as an agent to write patent application documents, apply for patents, go through examination and approval procedures and go through various procedures in post-examination affairs;
(3) Acting as an agent for the examination of patent applications, the revocation or invalidation of patent rights, or providing consultation on the above procedures;
(four) to handle the transfer of patented technology or provide consultation;
(5) Other patent-related matters.
Patent agents can represent patent litigation cases alone, but their right to investigate and collect evidence is limited.
In China, there is no special professional certification of "patent lawyer", that is, every lawyer can of course represent patent litigation, but without the qualification of patent agent, he can't represent patent application, patent reexamination and patent invalidation. However, according to industry practice, "patent lawyer" usually refers to a lawyer who has both patent agent qualification and lawyer qualification. A "patent lawyer" practicing in a law firm with patent agency qualification in China can not only engage in the above patent application as a patent agent, but also participate in the whole process of patent litigation as a lawyer without restriction.
According to the relevant laws of our country, to become a patent lawyer, you must meet the following conditions:
1, bachelor degree or above;
2. Professional background in science and engineering;
3. Pass the patent agent examination;
4. Pass the national judicial examination;
5. Be a lawyer in a law firm.
Special attention should be paid to the second of the above conditions, that is, you must have a background in science and engineering. At present, most lawyers in our country have a pure legal background, that is to say, they have been studying law from the beginning of university to graduation and have never studied science or engineering. In other words, lawyers and patent agents are different. Because the handling of patent affairs requires a certain understanding of technical issues, most lawyers with pure legal background do not have the ability to handle patent affairs, so we should pay attention to distinguish the differences between them when entrusting patent affairs. The basic principle is that no matter whether he is a lawyer or not, as long as he is not a patent agent, it is best not to entrust him to represent your patent affairs. Of course, the reverse is also true, that is, if you entrust other legal affairs instead of patent affairs, whether he is a patent agent or not, as long as he is not a lawyer, it is best not to entrust.