What is the process of patent application?
According to the patent law, the approval process of invention patent application It includes five stages: acceptance, preliminary review, publication, actual review and authorization. Utility model or design patent applications are not subject to publication and substantive examination during approval, but only three stages: acceptance, preliminary examination and authorization.
Entrusting a patent agency to apply for a patent generally involves the following steps: Steps
1. Consultation:
1. Determine the invention and creation Whether the content is patentable; for this consultation, it is recommended to consult several companies and compare them to determine the correct conclusion. Because many information receptionists are currently paid on a commission basis, and due to business volume, they sometimes respond inappropriately to inquiries.
2. Determine which patent type (invention, utility model, design) can be applied for for the content of the invention and creation
2. Sign the agency agreement
The purpose of signing the agency agreement at this time is to clarify the applicant and the patent The rights and obligations between agencies mainly restrict the patent agent's obligation to keep the applicant's inventions and creations confidential.
3. Technical disclosure
1. The applicant reports to the patent agent The applicant provides background information about the invention or creation or entrusts the retrieval of relevant content;
2. The applicant introduces the content of the invention and creation in detail to help the patent agent fully understand the nature of the invention and creation. content.
4. Determine the application plan
Based on the understanding of the invention and creation, the agent will make a decision on the prospects of the patent application. Based on preliminary judgment, the applicant will be advised to withdraw the application if the possibility of patent authorization is very low. At this time, the agency will charge a small consulting fee, and most 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, scope and content of protection, and start preparing for the formal application with the applicant's consent.
5. Prepare application documents1. Write patent application documents;
2. Prepare application documents;
3. Submit a patent application and obtain a patent application number.
6. Review
The Chinese Patent Office will review the patent application documents. During the review process, the patent agent will carry out patent corrections, opinion statements, defenses, changes, etc. If necessary, the applicant should cooperate with the patent agent to complete the above work
7. Examination Conclusion
The Chinese Patent Office will make an authorization or rejection examination conclusion based on the examination situation. The time of this process is generally: Appearance design takes about 6 months, utility model takes about 10-12 months, and invention patent takes 2-4 years.
8. Go through patent registration procedures or review Request:
If the patent application is authorized, go through the registration procedures according to the requirements of the patent authorization notice and receive the patent certificate.
If the patent application is rejected, whether to file a reexamination request will be determined based on the specific circumstances.
There are many procedures for patent application. It will also be more complicated. When applying for a patent, you can complete it step by step. If you find these steps very troublesome, you can also entrust professionals to help you complete it. If you encounter difficulties in the process of patent application, you must solve them and bring them to yourself. Benefits can be foundLaw Savior Network Lawyers Help.