Accurately speaking, a qualified patent agent will help the inventor to carry out the secondary development of the technology to be patented, such as mining alternatives. At the same time, the inventor needs to provide technical support to the agent and provide relevant information in time.
I. Consultation
(1) Determine whether the content of the invention belongs to patentable content; For this consultation, it is recommended to consult more patent agencies.
After comparison, determine the correct conclusion. Because at present, many information receptionists take commission, and sometimes they consult for business volume.
There will be inappropriate answers to questions.
(2) Determine which patent type (invention, utility model, design) the invention content can apply for.
Second, sign an agency agreement.
The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to restrain the patent agent from keeping the contents of the applicant's inventions confidential.
Third, technical disclosure
1. The applicant provides the patent agent with background information about the invention-creation or entrusts the retrieval of relevant contents.
2. The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.
Fourth, determine the application plan.
On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application and will advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge the consulting fee for quantity, and most of the application agency fee will be returned to the applicant.
If the patent authorization has a bright future, the patent agent will put forward a clear application plan, scope and content of protection, and start preparing a formal application with the consent of the applicant.
Verb (abbreviation of verb) Preparation of application documents
1, writing patent application documents.
2. Make application documents.
3. Submit a patent application and obtain a patent application number.
Review of intransitive verbs
The Chinese Patent Office examines the patent application documents, and patent agents make patent corrections, defenses and changes in the process of examination. When necessary, the applicant shall cooperate with the patent agent to complete the above work.
Seven. Review conclusion
The Chinese Patent Office will authorize or reject the examination conclusion according to the examination situation, and the process will take about 3-6 months, 6- 10 months for design and 2-4 years for invention patent.
Eight, go through the formalities of patent registration or reexamination request.
(1) If the patent application is authorized, it shall go through the registration formalities in accordance with the requirements of the patent authorization notice and obtain a patent certificate.
(2) If the patent application is rejected, whether to file a request for reexamination shall be determined according to the specific circumstances.
Extended data
There are three kinds of patents stipulated in China's patent law: invention patent, utility model patent and design patent.
(1) invention patent
You may apply for a patent for invention for a new technical proposal or improvement of a product or method;
(2) Patent for utility model
You can apply for a patent for utility model for a new technical scheme that is suitable for practical use according to the shape, structure or combination of products;
(3) Design patent
For the product's shape, pattern or their combination, as well as the combination of color and pattern, which is aesthetic and suitable for industrial application, you can apply for a patent for design.
Baidu Encyclopedia-Patent Application