What is the process of intellectual property patent application
(1) Consultation:
1. Determine whether the content of the invention 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 based on 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 relationship between the applicant and the patent agency. The rights and obligations between the parties mainly restrict the patent agent’s obligation to keep the applicant’s inventions and creations confidential.
(3) Technical disclosure
1. The applicant provides the patent agent with the relevant invention Background information of the invention or entrusted 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 content of the invention and creation.
(4) Determine the application plan
The agent will make a preliminary judgment on the prospects of the patent application based on the understanding of the invention and creation, and will recommend the applicant to withdraw the application that has a low possibility of patent authorization. At this time, the agency will There is a small consultation fee and most of the application agency fees 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 documents
1. 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 attorney 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) Review conclusion
The Chinese Patent Office will make an authorization or rejection review conclusion based on the review situation. The time for this process is generally: about 6 months for appearance design and 10-10 months for utility model About 12 months, invention patent 2-4 years.
(8) Handle patent registration procedures or reexamination 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 authorized If rejected, it will be determined whether to file a reexamination request based on the specific circumstances.
At this point, the patent application process is over.
The process of intellectual property patent application in China is divided into the above steps. Through these steps, if there are no accidents, then you can apply for a patent for your invention and protect your patent. So if If you have a new invention, you can follow the above process, go through the legal procedures, and successfully apply for a patent for your invention. At the same time, you will also protect your own interests from being damaged.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the legal rescue field.Shizhu.com provides legal consultation.
