How to Apply for Foreign Patents




Release time:2016-05-09

Applicants need to conduct a comprehensive patent novelty search, which covers not only Chinese patents, but also Chinese scientific research papers, foreign patent documents and public publications. If there is no prior art that is the same or similar to the content of the invention, you can consider applying for a patent as soon as possible.

In general, a practicing patent agent can provide valuable reference information to the applicant. Millions of patent documents are stored on the website and in the library of the State Intellectual Property Office, and the websites of various national patent departments have also opened free patent databases for public inquiry. Computer inquiry has helped a lot in many cases, but it is not foolproof. Depending on the database used, the user's search experience and language level, there will be different search results, sometimes missing important information, such as key pictures or chemical structures. In addition, if the user does not understand how to use the resources on the Internet and lacks the understanding of the "novelty" and "creativity" stipulated by the law, he will not be able to make a correct judgment on the search results.

Therefore, it is better to entrust the Patent Office of the State intellectual property Office to conduct the search, which has the most comprehensive database resources in China, and the search personnel are generally patent examiners with rich search experience and good foreign language ability. Since the search report given by the Patent Office does not do analysis, the applicant is best to entrust a practicing patent agent to help with judgment and analysis. After the patent application is submitted to the patent certification authority and the specification, claims, drawings of the specification, abstract of the specification, etc. are accepted, it will be temporarily kept in a state of uncertain legal results, which can also be called "patent under trial". According to the type of patent and the content of the invention, this time will generally last for 1-3 years until the patent application is authorized or rejected. Various fees shall be paid to the patent administration at the time of filing the application.