Preparation Before Application For Patent
A patent invention that can be patented needs many conditions. First of all, it has substantive conditions, that is, patentability, followed by the form requirements stipulated in the patent law and the implementation of various procedures. Applicants who do not possess the above conditions will not only be patented, but will also cause great waste of time, energy and financial resources of both the applicant and the patent office.
In order to reduce the blindness of patent application and save manpower and material resources of both the applicant and the patent office, the patent applicant must make the following preparations before applying for the patent.
(1) learn and be familiar with the patent law and its implementation rules, understand in detail what patents are, who has the right to apply for and obtain patents, how to apply for and obtain patents. At the same time, we should also understand the rights and obligations of patentor and how to maintain and implement patents after obtaining the patent.
(2) make a detailed investigation into whether the patent application for patent is patented. Before making a patent application, we should have extensive information and fully understand the status of the existing technology, so we will not have to apply again for the novelty or creativity (or originality). Since the existing technologies include patent documents, non patent documents, authoritative periodicals and monograph of the profession, and the technical status of the same industry in China, it is a meticulous and complicated job to conduct a comprehensive investigation of the existing technologies. In spite of this, the investigation of existing technology is still an indispensable link. The applicant should at least search the patent documents, because the patent documents contain the latest technical information at home and abroad, and a more scientific classification method, which can often give the applicant greater help. In addition, the search and consulting center under the patent office also has a paid search service before applying for a patent. If the applicant is financially permitted, naturally it is the quickest way to investigate the existing technology.
(3) we should seriously consider patent application from the perspective of market economy. The application fee and examination fee must be paid for the patent application. If approved, the patent registration fee and annual fee shall be paid, and the agent agency shall also pay the agency fee. This is a fairly small investment. The applicant should seriously predict and investigate the possibility and scope of his invention and Technological Development and the conditions of the technology market and commodity market, so as to clarify the conditions for the implementation and pfer of patents and the possible economic benefits after obtaining the patent right, and clearly do not apply for the market and economic losses that may be brought to the market. These are important factors that should be taken into account when the applicant makes a patent application, whether to apply for any patent (invention, utility model or design) and when to issue a patent application.
(4) to understand the writing format and writing requirements of patent application documents, the way of submission of patent applications, the cost and the process of examination and approval. The patent law stipulates that once the application is submitted, no substantive changes can be made. Therefore, the application documents, especially the poor description, will become irremediable defects, and may even lead to very good inventions but not patents.
Poor written claims often limit the scope of patent protection. Ignorance of application procedures and approval procedures often leads to legal consequences such as withdrawal. There are many skills to write application documents. The procedures for handling various applications are also very meticulous and demanding. If the applicant is not sure, it is better to entrust a patent agency for application procedures.
(5)其它在申請前應注意的事項, In order to ensure the novelty of the patent application, the applicant shall keep the application confidential before filing the patent application. If there are other persons involved in the process of inventing experiments or identification, they should be kept confidential, and if necessary, a confidentiality agreement can be signed. A new technology, new product appraisal meeting and a technical meeting have been organized or held by the competent ministries and commissions of the State Council or the national academic organizations. In order not to lose novelty, they shall apply within 6 months after the appraisal meeting or technical conference, in accordance with the twenty-fourth provision of the Patent Law.
If a project to be patented involves one or several new microorganisms that the public can not get, the microorganism shall be submitted to the designated preservation unit of the patent office at the latest when the application is submitted.
At present, the designated conservation units in China are: the general microbial center of the Chinese microbiological preservation management committee, the address is in Zhongguancun, Beijing, and the typical Chinese Culture Preservation Center is located in Wuhan University, Luojia mountain, Wuhan. At the same time, these two preservation units are the international conservation units designated by the Budapest treaty, so the procedure for microbiological preservation of these two units will also be recognized by other States parties to the Treaty of Bush.
If the right to apply is obtained through pfer, the pfer procedure should be completed before application, so that the patent office can submit it in time. Editor: vivi
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