What patent matters does a patent attorney mainly handle after accepting the entrustment
Before filing an application, provide the inventor with information on whether to apply Patent consultation. Explain to inventors whether their invention should seek patent protection or be protected as a trade secret. When applying for a patent, one must consider the economic benefits of the invention. If the invention has a narrow scope of application, no economic potential, and a large patent maintenance fee has to be paid every year after application, then applying for a patent is of little significance to the inventor. At this time, the patent attorney should advise the inventor to give up applying for a patent and instead seek protection from the perspective of trade secrets. Because the patent application process requires the inventor to disclose the contents of his invention to the public, once the application is unsuccessful, the inventor's invention becomes public information, and there is no way to prevent third parties from using it. The patent agent shall, in accordance with the provisions of the Patent Law, determine whether the inventor's invention violates national laws, social ethics, or is harmful to public interests, and whether it is an invention-creation in a technical field in which patent rights cannot be granted under my country's Patent Law. . If the inventor makes the decision to apply for a patent, the patent attorney should provide the inventor with advice on which regions and countries the patent application should be based on his or her own experience and the latest relevant situations.
The patent agent should write application documents for the inventor and submit the application to the patent office. Patent application documents are not only legal documents, but also technical documents, and their preparation requires careful and rigorous preparation. Before drafting the application documents, the patent agent should understand the entire content of the invention in detail, analyze and study the technical features that can constitute the invention, and identify the rights in the claims.The technical features that are related to the essence of the invention are the content of the patent claim. After completing the preparation of application documents, the patent agent should assist the applicant in filing an application with the Patent Office in a timely manner.
Submit patent application documents to the Patent Office and confirm the application After the application number is issued, the patent attorney must continue to provide services to the inventor during the review and approval stages of the patent application. Such as in accordance with the provisions of the Patent Law. Submit a request for substantive examination to the Patent Office within a certain period of the application date, assist the patent applicant in revising the invention document and claim for rights, and respond to the examiner's substantive examination report. During the patent approval stage, the patent agent can also assist the applicant to withdraw the patent application in accordance with the provisions of the Patent Law. If the applicant is not satisfied with the rejection of the patent application by the Patent Office, he may request a reexamination to the Patent Reexamination Board. If he is not satisfied with the reexamination decision of the Patent Reexamination Board, he may Can assist patent applicants in filing lawsuits in court.
After the patent application is successful, within the validity period of the patent, the patent The agent must pay the annual patent maintenance fee on behalf of the applicant. After the patentee obtains the patent right, the patent agent should provide consultation to the party on the method of implementing the patent, whether to implement it by himself, to carry out license trade or to transfer the patent right, etc. When conducting license trade, patent agents should help the parties determine the transfer conditions based on factors such as market demand, the technical level and production capacity of the technology transferee, and can represent the parties in negotiating, drafting and signing license contracts.
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