1. What should you pay attention to when applying for a patent?
1. Do you plan to apply for a patent?
For an invention, as long as it meets the application conditions (novelty, creativity, practicality) stipulated in the Patent Law, you can apply for a patent, but not every invention can apply for a patent. A qualifying invention needs to apply for patent protection. Applying for a patent is an act to protect the exclusive rights of inventions and creations in legal form, thereby achieving the purpose of safeguarding the technical and economic rights and interests of the patentee. In addition to the cost of the act itself, whether it is necessary to apply for a patent should first be considered whether the patentee can Bring benefits. Benefits come from the market. If there is a market, we must also consider whether there is competition. Only when the market is protected from competition can we consider applying for a patent.
2. Consideration of application type
When an invention-creation is decided to apply for a patent, first of all Consideration should be given to what type of patent to apply for. It is necessary to protect the market from competition to the maximum extent while spending less money. According to the provisions of the Patent Law, in addition to the application for invention patents for process patents, product patents must be based on their vitality in the market. Under normal circumstances, in addition to groundbreaking inventions that require invention patents, a large number of new products are suitable for utility model patents. For some products, just applying for a design patent is enough to obtain market protection. The advantages are that the patent approval cycle is short and the maintenance costs are low. , The protection period is short, in line with the characteristics of rapid product technology updates.
3. Grasp the timing of application
my country’s patent law implements the first-to-file principle, and the patent right will be granted First to apply. Therefore, once you decide to apply for a patent, you should file it as early as possible. What should be noted here is that applying for a patent is completely different from declaring scientific and technological achievements. For products, the application of results requires design, sample preparation, pilot testing or industrial testing for a period of time, etc. Patent is just a technical solution. As long as the technology is novel, has new functions and ordinary technicians in the same industry can use the solution based on the If it can be industrialized, it can be patented. As for manufacturing prototypes, testing, improvement, industrial manufacturing, and sales fall within the scope of patent implementation. but meMany inventors in our industry spend a lot of manpower and financial resources starting from creation, testing, processing, and improvement. It is not until they feel that everything is complete and discover market threats that they think of applying for a patent. This is actually a misunderstanding. It not only increases the cost of invention, but also bears the risk of losing market opportunities and patent novelty.
4. Selection of agencies and agents
When deciding to apply for a patent, you should also Consider whether to appoint an attorney. For ordinary individuals and companies, entrusting a patent attorney to apply for a patent is the best way. Patent application documents not only have strict legal procedures, but their contents are directly related to whether they can be approved, whether they can be authorized and protect the invention to the maximum extent, and even contain the basis for future corrections. The quality of the application documents actually reflects the quality of the patent right. A common problem that arises is that the applicant has written the document himself, but it has been returned for revision by the Intellectual Property Office many times. It is really impossible to find an agent anymore, and it is difficult to complete the result because subsequent revisions must not exceed the scope of the first application. This is time-consuming and time-consuming. Another common problem is that whether you write the document yourself or entrust an agent to apply, even if it is successfully authorized, the content of the document does not substantially protect the elements of the invention. Either the priority is reversed, or the focus of protection is improperly selected, and there are even words. Omissions, etc. will lay a time bomb for future transfers, implementation and dispute resolution. Entrusting an agent to apply for a patent can basically avoid omissions and objectively speed up the review and approval process. To entrust an agent, you must go to a patent agency registered with the China Intellectual Property Office, and entrust a patent agent who has patent agency qualifications, works in a patent agency, and is registered with the China Intellectual Property Office.
5. Relevant notes on application documents: Inventions and utility models: The request letter should state the name of the invention or utility model, the name of the inventor, and the name of the applicant or name, address, and other matters; the description should provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, there should be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model; the claims should be based on the description and clearly and briefly limit the scope of patent protection required; for inventions and creations that rely on genetic resources, the applicant should explain this in the patent application documents. The direct source and original source of genetic resources; if the applicant cannot explain the original source, the applicant shall state the reasons.
2. Foreign patent applications
(1) First apply to China The Patent Office files a national patent application and then files an international application within the 12-month priority period:
(2) File an international application directly with the China Patent Office and specify China in the international application.
To file an international application, you must entrust a foreign-related patent agency designated by the China Patent Office authorized by the State Council to handle it. The China Patent Office does not accept applicants to submit international applications directly. The PCT Division of the China Patent Office is responsible for accepting international applications submitted to the China Patent Office. The agencies established by the China Patent Office across the country do not accept international applications. Chinese nationals or residents may also submit international applications directly to the International Bureau of WITO. International application documents can be submitted to the PCT Section of the China Patent Office through the prescribed patent agency in person, by registered mail, or by fax. If submitted by fax, the original document must be delivered to the China Patent Office through the prescribed patent agency within 14 days from the date of fax. Otherwise, the fax will be deemed not received. The date when the Chinese Patent Office actually receives the international application documents that meet the acceptance conditions is the international filing date. If submitted by fax, as long as the fax meets the acceptance conditions and the original is delivered within the specified time, the date of the fax will be the international filing date.
If the submitted international application documents do not meet the acceptance conditions, the applicant is allowed to make corrections within 30 days from the date of submission, and the international application will be regarded as the date when the corrections meet the acceptance conditions. day.
Those who file an international application shall pay transmission fees, search fees and international fees (including basic fees and designation fees) within one month from the international filing date. The designation fee can be paid within the above period or within 12 months from the priority date.
In short, a patent is a kind of protection provided by the state to the patentee. However, it should be noted that in daily life, people usually use the words "patent" and "patent". The two concepts of "application" are used interchangeably. They are two concepts. Everyone must pay attention when applying for a patent. The above is the entire content of this article. If you still have questions, you are welcome to go to the Legal Savior Network for online legal consultation.
