Application materials for patent affairs and matters needing attention

2018-06-28

1. Materials required for an application for a patent for invention and matters needing attention.

(1) Principal-agent registration. 
     (I) specify the type of patent application (invention); 
     (II) the name, address and nationality of the applicant (the applicant may be a natural person, enterprise or other legal entity), if the applicant is a natural person, please provide the identification number and the code of the providing organization of the enterprise or other legal person; 
     (III) the name, address and nationality of the inventor or designer (the inventor or designer shall be a natural person); 
   (IV) where priority is claimed, the country of application, the date of application and the number of the application shall be provided; 
     (V) other requirements of the applicant for the application. 
(2) Power of attorney. 
     The power of attorney shall be signed or signed by the applicant (if applied for by the unit, it shall be sealed with the official seal of the unit). 
(3) Disclosure book of invention-creation technology (according to the template provided by our company). 
(4) If the priority is claimed, the documents of prior application shall be provided. 
(5) If the invention for which a patent is applied relates to new microorganisms and their products, and the microorganisms for use are not available to the public, procedures for the preservation of microbial species shall be completed before or at the latest on the date of application.

 

2. the materials required for the application for a patent for utility model and matters needing attention. 
(1) Principal-agent registration. 
     (I) specify the type of patent application (utility model); 
     (II) the name, address and nationality of the applicant (the applicant may be a natural person, enterprise or other legal entity), if the applicant is a natural person, please provide the identification number and the code of the providing organization of the enterprise or other legal person; 
     (III) the name, address and nationality of the inventor or designer (the inventor or designer shall be a natural person); 
     (IV) where priority is claimed, the country of application, the date of application and the number of the application shall be provided; 
     (V) other requirements of the applicant for the application. 
(2) Power of attorney. 
     The power of attorney shall be signed or signed by the applicant (if applied for by the unit, it shall be sealed with the official seal of the unit). 
(3) The technical disclosure book of the utility model (written according to the template provided by the company). 
(4) If the priority is claimed, the documents of prior application shall be provided. 
     Note: the invention-creation applied for a utility model shall be a new technical proposal suitable for practical use proposed for the shape, construction or combination of the product. The invention of a method or production process cannot be granted a utility model patent; a patent for invention must be applied for.

 

3.  Materials required for an application for a design patent and matters needing attention. 
(1) Principal-agent registration. 
     (I) specify the type of patent application (design); 
    (II) the name, address and nationality of the applicant (the applicant may be a natural person, enterprise or other legal entity), if the applicant is a natural person, please provide the identification number and the code of the providing organization of the enterprise or other legal person; 
     (III) the name, address and nationality of the inventor or designer (the inventor or designer shall be a natural person); 
     (IV) where priority is claimed, the country of application, the date of application and the number of the application shall be provided; 
     (V) other requirements of the applicant for the application. 
(2) Power of attorney. 
     The power of attorney shall be signed or signed by the applicant (if applied for by the unit, it shall be sealed with the official seal of the unit). 
(3) Disclosure material relating to the design. 
     (I) a picture or photograph of the design; 
     (II) the name of the product in respect of which the design is used; 
    (III) "Picture" or "photo" means the orthographic hexahedral view and stereoscopic view of the product for which the design is applied. If the view is symmetrical, one view may be omitted; 
     (IV) A brief description of the main creative sites to be pointed out, as well as whether or not to protect the colour and omit the view; 
(4) If the priority is claimed, the documents of prior application shall be provided.

 

4. the materials required for PCT application and matters needing attention. 
(1) Principal-agent registration. 
     (I) specify the type of patent application (PCT International); 
     (II) name, address and nationality of the applicant (the applicant may be a natural person, enterprise or other legal entity); 
     (III) the name, address and nationality of the inventor or designer (the inventor or designer shall be a natural person); 
     (IV) where priority is claimed, the country of application, the date of application and the number of the application shall be provided; 
     (V) other requirements of the applicant for the application. 
(2) Power of attorney. 
     The power of attorney shall be signed or signed by the applicant (if applied for by the unit, it shall be sealed with the official seal of the unit). 
(3) Disclosure book of invention-creation technology (according to the template provided by our company). 
(4) If the invention for which a patent is applied relates to new microorganisms and their products, and the microorganisms for use are not available to the public, procedures for the preservation of microbial species shall be completed before or at the latest on the date of application.

 

5. the materials required for PCT patent application entering the national stage of China and the matters needing attention. 
(1) PCT international application number; 
(2) if there are 19 amendments or 34 amendments, provide a replacement page for the revised text; 
(3) the PCT/IB/306 form for the registration of the change of applicant and inventor in the international stage; 
(4) the power of attorney shall be signed or signed by the applicant (if it is applied for by a unit, it shall be stamped with the official seal of the unit); 
(5) the modification of the patent specification in China (if necessary);

 

6. the materials and matters needing attention in the request for patent reexamination. 
(1)Complete information of the original application documents (instructions, claims, etc.); 
(2) A notice issued by the Patent Office in respect of the examination of the application; 
(3) Rejection decision; 
(4) the opinions and thoughts of the applicant;

 

7. the materials required for the request for invalidation and matters needing attention. 
Article 45 of the Patent Law of the people's Republic of China provides: "since the date of the announcement of the grant of the patent right by the administrative department for patent under the State Council, any entity or individual considers that the grant of the patent right does not comply with the relevant provisions. May request the Patent Reexamination Board to declare the patent right invalid. 
Customers need to cooperate with us to do the following: 
(1) Whether there are cases of tort litigation; 
(2) providing the patent number and the announcement document for which the patent is to be invalidated; 
(3) To provide evidence of invalidation or entrust our company to obtain evidence. 
Our company will do the following for our customers: 
(1) Careful analysis of evidence; 
(2) Put forward the best invalid reason and scheme; 
(3) Request for declaration of invalidation; 
(4) Analysis and refutation of the patentee's reply; 
(5)When necessary, look for more pertinent evidence; 
(6)To attend the oral hearing to defend the case. 
Similarly, our company can also act as the agent of the patentee, when the patent right is declared invalid by others, we can fight for the integrity and validity of the patent right by defending our rights. As the patentee, it will be the basis for the patentee to win the victory in the later tort litigation if he can maintain the patent right after the invalidation procedure. As the defendant of the infringement, the request for invalidation is the opportunity to change from passive to active.

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