Why do you need to find an agency to apply for a patent?
The main reason is that applying for a patent involves the following procedures:
1. Filling in and writing Patent application documents
There are specific requirements for filling in and writing patent application documents. Applicants can fill in or write them by themselves, or they can entrust an agency to handle them on their behalf. However, it is better to have an agency do the writing for you. On the one hand, the application documents are more important, but on the other hand, the approval process is more rigorous. For inexperienced applicants, it is necessary to entrust an agency.
2. Acceptance of patent applications
After the Patent Office receives the patent application, it will review the application that meets the acceptance conditions. The application date will be determined and an application number will be given, followed by an acceptance notice.
3. How to pay the application fee
Application fees and other fees are acceptable Pay directly to the patent office fee office or agency, or pay through the post office or bank. When the payer pays the patent fee through the post office or bank, the correct application number or patent number should be written on the money order, and the abbreviation of the name for which the fee is paid should be used. The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the remitter should also ask the post office staff to enter the complete mailing address, including postal code. This information will be important in subsequent procedures. Functional. Fees may not be sent to the Patent Office Reception Office. Of course, if you entrust an agency to apply, you don’t have to complete these processes yourself, as the patent application agency will handle it for you.
4. Application fee payment time
If you submit the patent application documents in person, you can obtain the acceptance notice and Pay the application fee after submitting the application fee notice. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice, because the corresponding application number needs to be stated when paying the application fee, but the date for payment of the application fee must not be later than the date of the application. From the date. Similarly, if you entrust an agency to handle it, you don't need to complete these processes yourself.
5. Patent approval process
According to the Patent Law, the review and approval process for invention patent applicationsThe procedure 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.
6. Active modification of patent application documents and Correction
Utility model and design patent applications, only Active amendments are allowed within two months from the date of application; invention patent applications are only allowed to be filed within three months from the date of filing a request for substantive examination and the date of receipt of the notice from the Patent Office that the invention patent application has entered the substantive examination stage. The file is actively modified.
7. The patent application is deemed to have been withdrawn and its Restoration
If the required procedures are not completed within the time limit, the application will be rejected deemed withdrawn. Unless you have legitimate reasons, you can request restoration of your rights within two months of receiving the withdrawal notice. There are sufficient and legitimate reasons to pay the restoration fee, submit a request for restoration of rights, and complete various unfinished procedures.
8. Handle patent registration procedures
After preliminary review of utility model and design patent applications, invention patents If the application is substantively examined and no reason for rejection is found, the Patent Office will issue a notice of authorization and a notice of registration procedures. After receiving the authorization notice and registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice. The Patent Office will then grant the patent rights and issue a patent certificate. Not specifiedIf the registration formalities are completed in accordance with the regulations within the time limit, the right to obtain the patent right will be deemed to have been waived.
9. Fees payable for registration procedures
There is no need to submit any documents when registering. The applicant only needs to pay the patent registration fee (including announcement printing fee) and the annual fee and stamp tax for the year of authorization as required. When applying for authorization of an invention patent, if it is more than two years from the application date, the applicant must also pay an application maintenance fee. The corresponding fees shall be paid in the year specified in the registration notice in the year of authorization.
10. Maintenance of patent rights
According to the above, it can be known that the professional knowledge and process of application process design There are many nodes, which is why many large companies are looking for agencies to help them apply on their behalf.
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