Introduction to the general procedure to entrust a patent agency to apply for patent

  To entrust a patent agency to apply for patent may generally go through the following steps

  1 Consulting

  1.1 Determining whether or not the contents of the invention-creation belong to that may be applied for patent

  1.2 Determining which type of patent the contents of the invention-creation may be applied for (invention, utility model or design)

  2 Sign an agreement of agency by entrustment

  The purpose to sign an agreement of agency by entrustment is to clarify the rights and obligations of the applicant and the patent agency, mainly to bind the patent agency to undertake an obligation to keep secret the contents of the invention-creation of the applicant.

  3 Technical disclosure

  3.1 The applicant provide to the patent agent background information relating to the invention-creation or relating to search by entrustment.

  3.2 The applicant explains in detail to help the patent agent fully understand the contents of the invention-creation.

  4 Determining the solution of application

  On the base of fully understanding invention-creation, the agent may make a primary assessment on the prospect of the patent application, and suggest the applicant to withdraw those applications that have little possibility to be granted patent, in this case the patent agency may charge a small mount of consulting fee and most of the agency fee will be returned to the applicant.

  Where the future of the application is promising, the patent agent will bring forth clear solution of application and the scope and contents of the protection, and on the condition that the applicant agree, start to prepare formal application.

  5 Preparing application documents

  5.1 Drafting patent application documents

  5.2 Making document of request

  5.3 Submitting an application for patent and obtaining an application number

  6 Examination

  The State Patent Office will examine the patent application documents, and in the process of examination, the patent agent will conduct such works like making correction, observation, answer, alteration, etc. If necessary, the applicant should cooperate with the patent agent to finish above mentioned work.

  7 Decision of the examination

  According to the examination, the State Patent Office will make a decision to grant a right of patent or reject the application. Generally, the time of this process would take 6 months for design, 10-12 months for utility model, and 2-4 years for invention.

  8 Going through the formality of registration or request for re-examination

  Where the application is granted a right of patent, on the requirement of the Patent Office, the applicant or his agent shall go through the formality of registration and receive the patent certificate.

  Where the application for patent is rejected, the applicant or his agent shall determine whether or not to request for re-examination according to the specific circumstance.

  Now the process of patent application ends

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