Does the agency have confidentiality obligations regarding patent applications?

The agency has an obligation to keep the Patent application confidential. Patent agencies shall abide by laws and administrative regulations, and handle patent applications or other patent matters as entrusted by the agent; regarding the issue of whether agencies have confidentiality obligations for patent applications, the editor of Legal Savior Network will give you a detailed answer below .

1. Whether the agency has confidentiality obligations for patent applications

1 , agencies have confidentiality obligations for patent applications. Patent agencies shall abide by laws and administrative regulations and handle patent applications or other patent matters as entrusted by the principal; they shall be responsible for keeping confidential the contents of the principal's inventions and creations, except where the patent application has been published or announced.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 18 Foreigners, foreign enterprises or other foreign organizations that do not have a regular residence or business office in China must entrust a patent agency established in accordance with the law to handle the matter when applying for patents and handling other patent matters in China.

Chinese entities or individuals that apply for patents and handle other patent matters domestically can entrust a patent agency established in accordance with the law to handle them.

Patent agencies shall abide by laws and administrative regulations and handle patent applications or other patent matters as entrusted by the agent; they shall not be responsible for the contents of the agent’s inventions and creations. Unless the patent application has been published or announced, the applicant shall be responsible for confidentiality. The specific management measures for patent agencies shall be stipulated by the State Council.

2. How to apply for a patent

1. Determine whether the content of the invention is patentable and the patentable type, such as invention, utility model, and design.

2. Sign an agency agreement. The purpose of signing an agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to bind the patent agent to the obligation to keep the applicant's inventions and creations confidential.

3. Technical briefing.

(1) The applicant provides the patent agent with background information on the invention or creation or entrusts the search for relevant content;

(2) The applicant introduces the content of the invention and creation in detail.

4. Determine the application plan.

5. Prepare application documents.

(1) Write patent application documents;

(2) Make application documents;

(3) Submit a patent application and obtain a patent application number.

6. Review. The China Patent Office will review patent application documents.

7. Review conclusion. The China Patent Office will make an authorization or rejection review conclusion based on the review situation. The actual time of this process is generally: about 6 months for appearance designs; about 10--12 months for utility models; and 2--4 years for invention patents.

I hope the above content can be helpful to you. If you have other questions, you can click the button below Consult, or go to the Legal Savior website to consult a professional lawyer.