1. Beneficial to patent applicants
A. Professional, less effort, guaranteed The inventor or legal assignee correctly handles various legal procedures for obtaining and maintaining patent rights.
Handling patent matters is a complex and detailed work, which involves knowledge from many aspects such as law, economics, science and technology, and scientific and technological documents. Applying for a patent often costs a lot of manpower and financial resources. Therefore, before deciding to apply for a patent, you must first conduct a detailed analysis of the pros and cons of the application, including a patentability analysis of the content of the application to determine whether patent protection can be obtained. The implementation prospects of the application content are predicted to determine whether the technology has economic value for the application. In addition, the timing and type of application must be analyzed and selected. If the applicant is not familiar with the legal provisions of patents and how to apply for a patent, and does not entrust a patent attorney, he will not be able to effectively protect his rights, and may even lose the rights he should have received. Obtaining a patent requires many procedures, including filing a patent application, preparing a specification, its abstract, and claims. The technology disclosed in the description and the scope of protection sought in the claims must be consistent. Undisclosed technical content cannot be protected. Even if it is disclosed but fails to be properly protected, the corresponding rights will not be obtained.
B. High document quality and high success rate.
To write a set of qualified patent application documents, it is difficult for people who have not received special training and writing practice to write patent application documents well. The National Patent Office has relatively strict requirements on the format of application documents. If the documents do not meet the requirements, they will be required to make corrections, so the National Patent Office generally recommends that an agency company be used to apply. Claims must be drafted using specialized legal language to accurately define the scope of protection. Throughout the patent application, care should also be taken to comply with various restrictions that may cause adverse legal consequences. If the invention or creation violates national laws, social ethics or harms public interests, the application cannot be filed; if the required patent conditions are lacking, the application cannot be filed; this also includes timely responses to objections raised against published patents, declaration of patent invalidity or revocation and infringement Litigation to the People's Court for patent rights violations and payment of patent annual fees in full and on time in order to maintain patent rights. To complete the legal writing procedures and requirements in a timely and correct manner, you need to understand the technical knowledge about inventions, master the provisions and essence of patent law, be familiar with patent business, and have the time and energy to specialize in these tasks, and a patent attorney can Help inventors achieve perfectioncomplete these necessary tasks.
C. The procedure is simple, time-saving and efficient, and reduces risks.
After the application documents are submitted, there are still many procedures that need to be completed, and you may also have to respond to the examiner's comments. If there is a problem in one link, all previous efforts may be wasted, causing undue but irreparable losses.
D. Expert guidance, comprehensive knowledge, thoughtful and meticulous consideration, speeding up the approval process.
Patent agencies are specialized agencies that handle patent applications and other patent matters. Patent agents working in patent agencies are professionals who understand both professional technology and patent law and related regulations. Therefore, entrusting a patent agent to handle patent applications and other patent matters at a patent agency can not only avoid undue losses, but also improve the quality of patent applications and speed up the approval process. Although it costs an agency fee, the client can You can obtain more substantial benefits than agency fees, achieving twice the result with half the effort.
E. Personal processing is arduous, time-consuming and labor-intensive, and the processing speed is generally not as fast as that of an agency, and the overall cost is higher than hiring an agency to represent you.
F. Can safeguard the interests of the inventor or legal assignee.
Patent agents not only need to promptly and correctly represent various legal procedures and requirements for other parties to obtain and maintain patent rights, but more importantly, through the implementation of these legal acts Effectively seek benefits for the principal.
2. Conducive to improving the work efficiency of the patent examination authority
The patent examination authority accepts applications and approves them The efficiency of work such as issuing patents is not only related to the professional quality and other conditions of the staff of the agency, but also related to the quality of the application documents provided by the patent applicants. Because if an application document does not meet the requirements, it must be modified or corrected. This will bring difficulties to the examination work, delay the approval time, and sometimes leave hidden dangers for future patent disputes. Therefore, the excellent and effective work of patent agents is one of the important factors for patent examination agencies to improve their work efficiency.
3. Conducive to maintaining the country’s legal order
The core of the patent system is the Patent Law . The implementation of the Patent Law is a national lawimportant aspects of system construction. Patent agents are responsible for the honorable task of publicizing and enforcing the Patent Law. Since patent agents are professionals with specialized legal training, when handling matters such as patent applications, objections, invalidation declarations, and patent license trade, you can try to comply with the Patent Law and other national laws. , laws and regulations to avoid violations and minimize unnecessary disputes.
When patent disputes occur, most of the infringement news that causes the dispute involves complex technical issues. Ordinary judicial officers often find this difficult. In this case, patent attorneys can use their advantageous knowledge of both law and technology to assist judicial officers in clarifying the facts, so that patent disputes can be correctly resolved. Patent agents can also help patentees understand and grasp the occurrence of infringements, and use the national patent agent network to effectively conduct supervision, which is beneficial to protecting the legitimate rights and interests of patentees.
4. It is conducive to the development of technology trade and the implementation of rental patents
Patent agents are also patent An important part of the implementation system. Since patent attorneys participate in all stages of patent application, review and approval, they have an in-depth understanding of the technical details and technical indicators, functions, uses and legal status of the patent. At the same time, patent agents have close ties with the patent information system and master a large amount of technical market information through various channels.
Therefore, for technology trade with patent license trade as the main content, patent agents have become the ideal intermediaries between inventors and technology users. Act as a bridge to communicate information between the two. Patent agents have a relatively comprehensive grasp of various laws. During the process of negotiating and signing contracts for technology trade, they can act as legal advisors and provide guidance on the setting of various terms in the contracts. Make the conclusion of contracts more correct, rigorous, clear and in compliance with national laws.
5. Application for patents in foreign countries must be through a patent agent
Article 20 of my country’s Patent Law Article 1 Any unit or individual that applies for a patent in a foreign country for an invention or utility model completed in China must report it to the patent administration department of the State Council in advance for confidentiality review. The procedures and deadlines for confidentiality review shall be implemented in accordance with the regulations of the State Council. Chinese entities or individuals may file international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party. When an applicant files an international application for a patent, he or she shall comply with the provisions of the preceding paragraph.
Patent Administration Department of the State CouncilThe department handles international applications for patents in accordance with relevant international treaties to which the People's Republic of China is a party, this Law and relevant provisions of the State Council.
For inventions or practical models [1][2] that violate the provisions of paragraph 1 of this article and apply for patents in foreign countries, and apply for patents in China, the patent right will not be granted .
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