What are the preparations before applying for a patent?

Since the promulgation of China's patent law, more and more patents have begun to be applied for. The number of patent applications in China is increasing day by day. What are the preparations before applying for a patent? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the preparations before applying for a patent

Preparation before applying for a patent An invention that can obtain patent rights Many conditions are required. First, it must meet substantive conditions, that is, it must be patentable; secondly, it must meet the formal requirements stipulated in the patent law and perform various procedures. Applications that do not meet the above conditions will not only be impossible to obtain a patent, but will also cause a huge waste of time, energy and financial resources for both the applicant and the patent office. In order to reduce the blindness of applying for a patent and save manpower and material resources for both the applicant and the patent office, patent applicants must make the following preparations before filing an application.

(1) Learn and be familiar with patent law and its Implementing rules to learn more about what a patent is, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent. At the same time, you should also understand the rights and obligations of the patentee, how to maintain and implement the patent after obtaining the patent, etc.

(2) Conduct a more detailed investigation into whether the project to be applied for patent is patentable. Before making a decision on whether to file a patent application, one should have extensive information and fully understand the status of the existing technology. If there is obviously no novelty or creativity (or originality), there is no need to file an application again. Since the existing technology includes patent documents, non-patent documents, authoritative journals and monographs in the field, etc., as well as the technical status of the same industry in China, soA comprehensive survey of existing technologies is a very detailed and cumbersome task. Despite this, the investigation of existing technologies is still an indispensable link. Applicants should at least search patent documents, because patent documents contain the latest technical information at home and abroad and have relatively scientific classification methods, which can often be of great help to applicants. In addition, the search and consultation center under the Patent Office also provides paid search services before applying for a patent. If the applicant is financially willing, this is naturally the fastest way to investigate existing technologies.

(3) It is necessary to analyze the market economy from the perspective of market economy Apply for a patent for serious consideration. To apply for a patent, you must pay application fees and examination fees. If approved, you must also pay patent registration fees, annual fees, etc. If you entrust a patent agency, you must also pay agency fees. This is a considerable investment. Applicants should carefully predict and investigate the possibility and scope of technology development for their inventions and creations, as well as the conditions of the technology market and commodity market, in order to clarify the conditions for the implementation and transfer of the patent and the possible economic benefits after obtaining the patent right, and clarify whether Market and economic losses that may result from applying for a patent. These are important factors that applicants should take into consideration when deciding whether it is worth applying for a patent, what patent to apply for (invention, utility model or design) and when to file a patent application.

(4) Understand the writing format of patent application documents and writing requirements, how to submit a patent application, fees and a brief approval process. The Patent Law stipulates that once an application is submitted, no substantive modifications can be made. Therefore, if the application documents, especially the instructions, are not well written, it will become an irremediable defect, and may even result in a very good invention but not being patented. . Poorly written claims often limit the scope of patent protection. Failure to understand the application procedures and approval procedures will often lead to legal consequences such as the application being deemed withdrawn. There are many techniques for writing application documents, and handling various application procedures is also very detailed and demanding work. If the applicant is not sure, it is best to entrust a patent agency to handle the application procedures.

(5) Other things you should pay attention to before applying Matters In order to ensure the novelty of the patent application, the applicant should keep the application contents confidential before filing the patent application. ifIf other people are involved in the process of invention testing or identification, these people should be required to keep confidentiality, and if necessary, they can sign a confidentiality agreement.

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