Preparation before applying for a patent

An invention that can be patented requires multiple conditions. The first is to have substantive conditions that are patentable; second, it must also meet the formal requirements stipulated in the Patent Law and perform various procedures. An application that does not meet the above conditions will not only be impossible to obtain a patent, but also cause great waste of time, energy, and financial resources for both the applicant and the patent office. In order to reduce the blindness of patent applications and save the manpower and material resources of both the applicant and the patent office, the patent applicant must make the following preparations before submitting an application.

(1) To learn and become familiar with the Patent Law and its implementation details, to know in detail what is a patent, who has the right to apply for and obtain a patent, and how to apply for and obtain a patent. At the same time, it is also necessary to understand the rights and obligations of the patentee and how to maintain and enforce the patent after obtaining the patent.

(2) Conduct a more detailed investigation on whether the patent preparation project is patentable. Before making a patent application, it is necessary to have extensive information and fully understand the state of the existing technology. If there is no novelty or creativity (or originality), then it is unnecessary to apply. Since the existing technologies include patent documents, non-patent documents, authoritative journals and monographs of the profession, and also the technical status of the same industry in China, it is a very detailed and cumbersome work to conduct a comprehensive investigation of the existing technologies. In spite of this, the investigation of existing technologies is still an indispensable link. The applicant should at least search for patent documents, because patent documents contain the latest technical information at home and abroad, and there are more scientific classification methods, which can often give applicants a great 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 economically permits it, it is naturally the quickest way to investigate existing technology.

(3) The patent application needs to be seriously considered from the perspective of market economy. To apply for a patent, you must pay an application fee and a review fee. If you are approved, you must also pay the patent registration fee, annual fee, etc. The entrusted patent agency must also pay agency fees. This is a considerable investment. The applicant should carefully predict and investigate the possibility and scope of his invention-creation technology development and the conditions of the technology market and commodity market in order to clarify the conditions for the implementation and transfer of the patent after obtaining the patent right and the possible economic benefits. The potential market and economic losses that may arise from the application for a patent. These are important factors that should be taken into account when the applicant makes a decision on whether it is worthwhile to apply for a patent, what patent (invention, utility model or design) to apply for and when to file a patent application.

(4) Understand the writing format and writing requirements of the patent application documents, the filing methods of the patent applications, the fees and the brief approval process. The Patent Law stipulates that no substantive amendments can be made after the application has been submitted. Therefore, the application documents, especially if the manuals are not well-written, will become deficiencies that cannot be remedied, and may even result in very good invention content but no patents. . Poor writing of claims will often limit the scope of protection of patent rights. Failure to understand application procedures and approval procedures often leads to the application being considered a legal consequence of withdrawal. There are many skills in writing application documents, and handling various application procedures is also very meticulous and requires very rigorous work. If the applicant is not sure, it is best to appoint a patent agency to apply for formalities.

(5) Matters needing attention before application

In order to ensure that the patent application is novel, the applicant should keep the content of the application confidential before filing a patent application. If there are other people involved in the process of the invention test or appraisal, they should be required to keep confidential and sign a confidentiality agreement if necessary. If the new technology, new product appraisal meeting and technical conference have been organized or organized by the competent ministries and commissions of the State Council or national academic organizations, in order not to lose novelty, they shall, in accordance with the provisions of Article 24 of the Patent Law, follow the appraisal meeting or technical conference. Apply within the month.

Any project that is to apply for a patent involves one or several new microorganisms that are not available to the public, and should submit the microorganism to the depositary designated by the Patent Office at the same time as the application. Currently designated depositors in China are: China Microbiological Culture Collection and Management Committee General Microbiology Center, address: Zhongguancun, Beijing; China Type Culture Collection Center, address: Wuhan University, Wuhan Lushan. At the same time, these two depository units are also the international depository of microorganisms designated by the Budapest Treaty. Therefore, the applicant’s procedures for the preservation of microorganisms in these two units will also be recognized by other parties to the Bush Pact Treaty.

If the application right is obtained through transfer, the transfer formalities should be completed before the application, so that the patent office can submit it in time if necessary.

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