1. Why hire a patent attorney to represent you in patent application
You can apply for a patent yourself Application, but patent application is not only a complex and professional legal act, but also involves knowledge in technology, economy, law and other aspects. Before deciding to apply, the applicant needs to carefully consider the pros and cons of patent application. For example, it is necessary to make a preliminary judgment on the patentability of the application content, predict the market potential of the application content, weigh the benefits of applying or not, and select the area to apply to determine the protection area. After deciding to apply, various application documents must be prepared, which must not only comply with laws and various requirements, but also protect the legitimate rights and interests of the applicant to the maximum extent. After obtaining a patent, you must protect and maintain the rights obtained and perform corresponding obligations. In the process of patent license trade, there are also many legal procedures that need to be completed. Such a complex process is a heavy burden for inventors and technicians with only specialized knowledge.
Patent agents fill the legal deficiencies of patentees. Patent agents are generally professionals with specialized legal training who are familiar with the application process. All procedures can be completed on time and the regular work required to apply for and maintain patents can be completed on time. They can take advantage of their understanding of both law and technology to safeguard the legitimate rights and interests of patentees from multiple perspectives such as technology, economics, and law. Patent application procedures are cumbersome. Patent attorneys can help patentees get rid of unnecessary obstacles in the application process, thereby saving patentees a lot of time, reducing their burden, and allowing them to concentrate on the research and development of newer technologies. Moreover, the effective work of the patentee can greatly reduce the rate of modification and supplementation of application documents, thereby shortening the approval time, improving the work efficiency of the patent examination agency, passing the patent application as soon as possible, putting it into actual production, and realizing economic value.
If the patentee wants to apply for a transnational patent in a foreign country, due to the existence of objective restrictions, the patent application is even more demanding and difficult. Hiring a patent attorney to carry out the patent application will facilitate the smooth progress of the application. Article 20 of my country’s Patent Law stipulates: If a Chinese entity or individual applies for a patent in a foreign country for an invention-creation completed domestically, it must firstApply for a patent to the Patent Administration Department of the State Council and entrust its designated patent agency to handle it.
2. Requirements for patent application
1. Does not violate the national The law and does not violate the laws of nature;
2. According to the "Patent Law of the People's Republic of China", the content and technical fields in which patent rights are not granted:
a. Scientific discovery;b. Rules and methods of intellectual activities;
c. Diagnosis and treatment methods of diseases;
d. Animal and plant varieties;
e. Substances obtained by nuclear transformation method.
However, patent rights may be granted in accordance with the provisions of the Patent Law of the People's Republic of China for the production methods of the products listed in item 4 of the preceding paragraph.
3. The inventions and creations applying for invention and utility model patents must meet the requirements of novelty, creativity and practicality.
Through the detailed introduction above, we know that hiring a patent agent to represent patent applications can reduce our burden and fill the legal deficiencies of the patentee. Improve the efficiency of patent examination agencies. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
