You can apply for a patent by yourself, but because the application process is complicated and the personal application pass rate is low, you mostly choose an agency to apply for a patent.

procedures for entrusting a patent agency to apply for a patent: consultation, signing an agency entrustment agreement, technical disclosure, determining the application scheme, preparing the application documents, examining, examining the conclusion, handling the patent registration formalities or re-examining the request.

1. Consult

to determine whether the content of the invention belongs to the patentable content; For this consultation, it is suggested to consult several patent agencies and compare them to determine the correct conclusion. Because at present, the information receptionists of many patent agencies are paid by commission, and sometimes they will give inappropriate replies to the consultation for the sake of business volume. Determine what kind of patent (invention, utility model, design) can be applied for for the content of invention and creation

2. Sign the agency agreement

The purpose of signing the agency agreement at this time is to clarify the rights and obligations between the applicant and the patent agency, mainly to bind the patent agent to keep the applicant's invention and creation content confidential.

3. Technical disclosure

The applicant provides the patent agent with background information about the invention or entrusts the retrieval of relevant contents; The applicant introduces the contents of the invention in detail to help the patent agent fully understand the contents of the invention.

4. Determine the application scheme

On the basis of understanding the invention and creation, the agent will make a preliminary judgment on the prospect of the patent application, and advise the applicant to withdraw the application with little possibility of patent authorization. At this time, the agency will charge a small amount of consulting fees, and most of the application agency fees will be returned to the applicant. If there is a bright prospect for patent authorization, the patent agent will put forward a clear application scheme, the scope and content of protection, and begin to prepare for the formal application with the consent of the applicant.

5. Prepare application documents

Write patent application documents; Making application documents; Submit a patent application and obtain a patent application number.

6. Examination

The Patent Office of China will examine the patent application documents. During the examination, the patent agent will make patent corrections, opinions, replies and changes. If necessary, the applicant should cooperate with the patent agent to complete the above work.

7. Examination conclusion

The Chinese Patent Office will authorize or reject the examination conclusion according to the examination situation, and the time of this process is generally about 6 months for design, 1-12 months for utility model and 2-4 years for invention patent. With the improvement of examination efficiency of patent office, the examination and authorization time of design and utility model is about 4-6 months.

8. Go through the patent registration formalities or request for reexamination

If the patent application is authorized, go through the registration formalities according to the requirements of the patent authorization notice and get the patent certificate. If the patent application is rejected, it is determined whether to file a request for reexamination according to the specific circumstances. At this point, the patent application process is over.

Precautions

1. To apply for a patent for invention or utility model, documents such as the request, specification, abstract and claims shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor or designer, the name and address of the applicant, and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; When necessary, there should be attached drawings.

2. The abstract shall briefly explain the technical points of the invention or utility model. The patent claim shall be based on the specification, indicating the scope of patent protection. To apply for a patent for a design, the applicant shall submit a written request, pictures or photographs of the design and other documents, and shall specify the product using the design and its category.