The applicant may entrust a patent service agency to apply for a patent on its behalf, or may apply for a patent on its own.
1. About entrusting patent service agencies to apply for patents. 1. Consulting: (1) Determine whether the content of the invention is a patentable content; (2) Determine which patent type (invention, utility model, design) can be applied for the content of the invention 2. Sign agency agreement At this time, the purpose of signing the agency agreement is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrict the patent agent's obligation to keep the applicant's inventions confidential. 3.Technical knowledge (1) The applicant provides the patent agent with background information about the invention or entrusts the search of relevant content; (2) The applicant details the contents of the invention and creation, and helps the patent agent fully understand the contents of the invention and creation. 4. Determine the application plan Based on the understanding of the invention, the agent will make a preliminary judgment on the prospect of the patent application. The application with a small possibility of patent authorization will be recommended to the applicant to withdraw. At this time, the agency will charge a small amount of consulting fees. 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, the scope and content of protection, and begin to prepare a formal application with the consent of the applicant. 5. Prepare application documents (1) Writing patent application documents; (2) Preparation of application documents; (3) Submit a patent application and obtain a patent application number. Review The China Patent Office will examine patent application documents, and during the examination process, patent agents will perform patent revision, opinion statement, defense, and change. If necessary, the applicant should cooperate with the patent agent to complete the above work. 7. Examination conclusions According to the examination situation, the China Patent Office will make an authorization or reject the examination conclusion. The process usually takes about 6 months for the design, 10-12 months for the utility model, and 2-4 years for the invention patent. 8. Request for patent registration formalities or reexamination: If the patent application is authorized, it shall go through the registration procedures and obtain a patent certificate in accordance with the requirements of the patent authorization notice. If the patent application is rejected, it is determined whether to submit a reexamination request based on the specific circumstances.
About self-application for patents. 1. The application shall be submitted in writing to the Patent Office of the State Intellectual Property Office. 2. Various fees shall be paid as required by the Patent Office. 3. Applications for invention patents or utility model patents must be submitted: request, specification, claim, abstract of the specification and other documents. If there are drawings, the specification drawings and abstract drawings must also be submitted. 4. To apply for a design patent, you must submit a request, a design drawing or a photo, and if necessary, a brief description of the design. 5. The description of the invention or utility model patent application shall clearly indicate the name of the invention or utility model, which is the same as the name of the request. The instructions should include the following. (1) Technical field: indicate the technical field to which the claimed technical solution belongs; (2) Background technology: indicate the background technology that is useful for understanding, searching, and examining the invention or utility model; it is possible to cite and reflect these background technology documents; (3) Content of the invention: indicate the technical solution adopted by the technical problem solved by the invention or utility model, and the beneficial effects of the invention or utility model in comparison with the existing technology; (4) Description of drawings: If there are drawings in the specification, a brief description of each drawing will be given; (5) Specific implementation mode: Specify in detail the applicant considers the preferred way to realize the invention or utility model, and if necessary, give an example; if there is a drawing, refer to the drawing. 6. The claims should describe the technical features of the invention or utility model, and clearly and briefly express the scope of protection. Where there are several claims in a claim, they shall be numbered in Arabic numerals. 7. The abstract of the description should explain the summary of the disclosure of the invention or utility model patent application, that is, the name of the invention or utility model and the technical field to which it belongs, and clearly reflect the technical problem to be solved, and the technical solution to solve the problem. Key points and main uses. The text of the abstract must not exceed 300 words, and no commercial propaganda must be used in the abstract. 8. For other unfinished matters concerning patent application, please refer to the relevant laws and regulations such as the Patent Law of the People's Republic of China and the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China.