How to Apply for Chinese Patent
Patent Applicant:
Pursuant to Article 18 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China files an application for a patent in China, the application shall be treated under this Law in accordance with any agreement concluded between the country to which the applicant belongs and China, or in accordance with any international treaty to which both countries are party, or on the basis of the principle of reciprocity.
Appointment of Patent Agency:
Pursuant to Article 19 of the Chinese Patent Law, any foreigner, foreign enterprise or other foreign organization having no habitual residence or business office in China applies for a patent, or has other patent matters to attend to, in China, it or he shall appoint a legally incorporated patent agency to act as its or his agent.
Patent Application Documents:
(1) for invention, the request, the claims, the description, with accompanied drawings if appropriate, the abstract, and the drawing accompanying the abstract if appropriate; and
(2) for utility model, the request, the claims, the description, with accompanied drawings, the abstract, and the drawing accompanying the abstract;
(3) for design, the request, the pictures or photographs of the design, and brief explanation of the design.
Applicable Language:
Except for certificates or evidence materials provided by foreign government departments or created in foreign countries, the patent application documents and other documents shall be in Chinese. Application documents which are written in foreign language shall be translated into Chinese.
The Chinese text of the patent application submitted by the applicant shall be taken as the basis of examination. The foreign language text of the application submitted by the applicant at the time of filling the application shall have no legal effect.
Filing Fees and Payment:
In accordance with Rule 95, the applicant shall pay the filing fee, the printing fee for the publication of the application and the necessary additional fee for filing an application within two months from the filing date or fifteen days from the date of receipt of the notification of acceptance of the application from the patent administration department under the State Council. Where the applicant claims priority, he or it shall pay the fee for claiming priority at the same time with the payment of the filing fee.
Introduction to patent application related matters
1. Form of submission of patent application
The applicant shall submit the patent application in electronic form or in writing.
(1) If an applicant applies for a patent in the form of an electronic file, it shall go through the electronic registration application registration procedure in advance, and submit the application documents and other documents to the Patent Office through the patent electronic application system of the Patent Office.
(2) If the applicant applies for a patent in writing, the application documents and other documents may be submitted to the acceptance office of the Patent Office or sent to the Office of the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office Acceptance Office). It can also be handed over to the reception counter of the patent office of the local office or sent to the “Office of the Patent Office of the State Intellectual Property Office××× Agency”.
Currently the patent offices are in Beijing, Shenyang, Jinan, Changsha, Chengdu, Nanjing, Shanghai, Guangzhou, Xi’an, Wuhan, Zhengzhou, Tianjin, Shijiazhuang, Harbin, Changchun, Kunming, Guiyang, Hangzhou, Chongqing, Shenzhen, Fuzhou, Nanning, and Urumqi. Nanchang, Yinchuan, Hefei, Suzhou, Haikou, Lanzhou, Taiyuan and other cities set up agencies. Information on the Patent Office can be found at http://www.cnipa.gov.cn/zldbc/ .
The National Defense Intellectual Property Office specifically handles defense patent applications.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
2. Which application documents should be submitted for applying for a patent
(1) If an application for an invention patent is filed, the application documents shall include: a request for invention patent, a summary of the specification (a summary drawing should be submitted when necessary), a claim, and a specification (if necessary, the specification should be submitted) Figure).
In the case of an invention patent application involving an amino acid or a nucleotide sequence, the sequence listing shall be included in the specification, and the sequence listing shall be submitted as a separate part of the specification, and the page number shall be separately prepared, and shall also be submitted in accordance with the Patent Office of the State Intellectual Property Office (below) An optical disk or a floppy disk containing the sequence listing specified in the Patent Office.
Where an invention is created by a genetic resource, the applicant shall specify the source of the genetic resource in the request and fill in the registration form of the source of genetic resources to indicate the direct source and original source of the genetic resource. If the applicant cannot explain the original source, the reason should be stated.
(2) If applying for a utility model patent, the application documents shall include: a utility model patent request, an abstract of the specification and its abstract drawing, a claim, a specification, and a drawing of the specification.
Example 1: Example of writing a utility model patent application
(3) If applying for a design patent, the application documents should include: a design patent request, a picture or a photo (a color picture or photo should be submitted for protection of color) and the design A brief description.
Example 1: Example of design application writing Example
2: Example of similar design application writing
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
3. Application form using uniform form The
application document should use a form uniformly developed by the Patent Office. These forms can be downloaded from the website of the National Intellectual Property Office at http://www.cnipa.gov.cn/bgxz/or at the consultation desk of the Patent Office Reception Hall or by letter (letter sent to: National Knowledge) The Office of the First Review and Process Management Department of the Patent Office of the Property Office may also obtain the request from the Agency Office of the Patent Office of the State Intellectual Property Office (hereinafter referred to as the Patent Office). A form can only be used for one patent application.
The quality of the paper for the application documents should be equivalent to the quality of the paper for the copier. There must be no useless words, marks, boxes, lines, etc. on the paper. A4 size (210 mm × 297 mm) paper is used for all documents. The paper for the application documents should be used on one side or in the vertical direction. The text should be arranged from left to right. The left and top sides of the paper should each have a 25 mm blank, and the right and bottom sides should each have a 15 mm blank.
4. How to arrange the application documents when submitting the application The
invention or utility model patent application documents shall be arranged in the following order: request, abstract, abstract drawing, claim, specification (including amino acid or nucleotide sequence table), manual attached Figure.
The design patent application documents shall be arranged in the following order: request, picture or photo, brief description. Each part of the application document should be written in Arabic numerals in the order of pages.
5. Text and writing requirements of the
application documents All parts of the application documents should be in Chinese. If there is no unified Chinese translation for foreign names, place names and scientific and technical terms, the original text should be indicated in parentheses after the Chinese translation. The application documents should be typed or printed in Song, Song, or scorpion. The writing should be black, the height should be between 3.5 and 4.5 mm, and the line spacing should be between 2.5 and 3.5 mm. If there are drawings in the application documents, the lines should be even and clear and must not be altered. Do not use the engineering blueprint as a drawing.
6. Documentary documents
For the processing of patent applications, the relevant documents shall be accompanied by supporting documents. All kinds of supporting documents shall be issued by the relevant competent authorities or signed by the parties. All kinds of supporting documents shall be originals; if the supporting documents are copies, they shall be notarized or confirmed by the competent department that issued the supporting documents with the official seal (except for the original documents confirmed by the Patent Office). The supporting documents provided by the applicant are in foreign languages and should be accompanied by a translation of the Chinese title.
7. Signature or Sealing
Patent application documents or other documents submitted to the Patent Office shall be signed or sealed in accordance with the provisions. An application for which a patent agency has not been entrusted shall be signed or sealed by the applicant (or the patentee), other interested parties or its representative, and the formalities involving the direct right shall be signed or sealed by all the right holders. Where a patent agency is entrusted, it shall be sealed by the patent agency and, if necessary, signed or sealed by the applicant (or patentee), other interested parties or its representative.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
8. Application for the same day The
same applicant shall apply for both the utility model patent and the invention patent for the same invention on the same day.
9. Uniformity requirements for patent application content
An invention or utility model patent application shall be limited to an invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be proposed as one application. A design patent application should be limited to one design. Two or more similar designs of the same product, or two or more designs for products of the same category and sold or used in sets, may be filed as one application.
10. Entrusting Patent Agents
Units or individuals in the Mainland of China may entrust a patent agency established according to law to handle patent application procedures, or they may handle relevant procedures on their own.
If a foreigner, foreign enterprise or other foreign organization that does not have a permanent residence or business office in mainland China applies for a patent in China, or if the first signature applicant and the applicant from the Chinese mainland jointly apply for a patent, they shall entrust a patent agency established according to law. Handle.
If an applicant from Hong Kong, Macao or Taiwan who does not have a permanent residence or business office in the Mainland of China submits a patent application to the Patent Office, or as a first signed applicant and a Chinese mainland applicant jointly applies for a patent, it shall entrust a patent established by law. The agency handles.
The patent agency established according to law is established by the State Intellectual Property Office in accordance with the provisions of the Patent Agency Regulations. The specific information of the specific directory and patent agency can be found online ( http://www.cnipa.gov.cn/zldlgl/ ).
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
11. Acceptance for the application
Acceptance of Patent Application After receiving the patent application, the Patent Office Acceptance Office or the Patent Office Agency will determine the application date, the application number, and the acceptance notice. If the conditions for acceptance are not met, a notice of non-acceptance of the documents will be issued.
After receiving the acceptance notice and payment notice, the applicant shall carefully check the information on the notice and if it has any objection to the notice information, it shall promptly file it with the patent office.
If the application documents are sent to the Patent Office Reception Office, the acceptance notice of the Patent Office may generally be received within one month. If the Patent Office has not received the notice of the Patent Office for more than one month, the applicant shall promptly inquire at the Patent Office.
If there is any change in the address of the applicant or the patentee, the project shall be submitted to the Patent Office in time for the change of the project; if the applicant and the patent agency cancel the agency relationship, they shall go through the formalities of change with the Patent Office.
12. Determination of the filing date The
patent application and various documents submitted to the Patent Office in the form of electronic documents shall be the date of submission of the electronic documents by the Patent Electronic Application System of the Patent Office.
The patent application submitted directly to the Patent Office Reception Office or the agency office window shall be the date of receipt of the application; the patent application submitted to the Patent Office Acceptance Office or the agency by postal mail shall be sent by post on the envelope as the filing date. If the postmark sent is unclear and unrecognizable, the date of receipt by the Patent Office or the agency shall be the filing date. The patent application submitted by the courier company to the Patent Office Acceptance Office or the agency office shall be the date of receipt of the application; the patent application submitted by the non-accepting department or individual of the Patent Office by post or post shall not have the confirmed application date on the mailing date or delivery date. The validity of the application will be the date of receipt of the application or the agency’s actual receipt date.
13. Correction of the application date If the
applicant receives the notice of acceptance of the patent application and considers that the date of filing on the notice is inconsistent with the date of mailing the application, it may be within two months from the date of filing the patent application or the applicant. Receive a request for correction of the application date within one month after receiving the notification of acceptance of the patent application, and attach a valid certificate of the date of delivery issued by the post office that sent the patent application document. The registered registration number indicated in the certificate shall be recorded in the request form. The registered numbers are the same. The stub of the registered letter can be used as the above valid proof.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
14. Payment time of application fee The
applicant shall pay the application fee within two months from the date of application or within 15 days from the date of receipt of the acceptance notice. To pay the application fee, you must indicate the corresponding application number and the necessary payment information.
15. How to pay the fee
(1) Electronic application users can log in to the electronic application network ( http://cponline.cnipa.gov.cn/ ) and use the online payment method to pay the patent fee.
(2) Pay the patent fee directly to the Patent Office or the Patent Office.
(3) Remittance of patent fees through banks or post offices. When reimbursing a patent fee through a bank or post office, the correct application number (or patent number) and fee name (or abbreviation) should be stated in the postscript column of the remittance slip.
Bank remittance:
Bank of deposit: CITIC Bank Beijing Zhichun Road Branch Account
Name: Patent Office of the State Intellectual Property Office of the People’s Republic of China
Account No.: 7111710182600166032
Post Office Remittance:
Name of Payee: Patent Office of the State Intellectual Property Office
Charger Department Customer Number: 110000860 (Alternative address postal code)
Address Zip: No. 6 West Tucheng Road, Tuen Mun Bridge, Haidian District, Beijing (100088) For
other questions about patent fees or payment fees, please refer to “About Patent Application Fees” ( http://www. Cnipa.gov.cn/zhfwpt/zlsqzn_pt/zlsqdfy/index.htm ) part of the introduction.
16. Secrecy review before applying for a patent to a foreign country
Any unit or individual who submits an invention or utility model completed in China to a foreign country or submits a patent international application to a foreign institution, shall file a request for a patent confidentiality review with the foreign patent office. . Any entity or individual may not apply for a patent in a foreign country for the content of the invention or utility model after a confidentiality review determines that the national security or major interests require confidentiality.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
There are three ways to file a confidentiality review request before applying for a patent in a foreign country:
(1) Separately submit a confidentiality review request in the form of a technical proposal. Where a request is made in this way, the applicant shall submit a request for a patent confidentiality review and a technical plan to the foreign country, and submit the document in writing to the acceptance office of the Patent Office or to the Patent Office of the State Intellectual Property Office. Reception desk”.
(2) A request for confidentiality review is filed at the same time as or after the application for a Chinese patent. Where a request is made in this way, the applicant shall submit a request for a patent confidentiality review to a foreign country.
(3) If an international patent application is filed with the Patent Office, it is considered that the confidentiality review request is submitted at the same time, and there is no need to separately submit a request for a patent confidentiality review to a foreign country.
See http://www.cnipa.gov.cn/docs/20180206152953119132.pdf for the Service Guide for Applying for Patent Secrecy Review to Foreign Countries .
17. Precautions for submitting application documents
(1) Applicants for various documents submitted to the Patent Office shall keep the manuscript to ensure the consistency of the documents in the process of application approval, and may be used as a reference for replying to the review opinions.
(2) If the application documents are mailed, a registered letter should be used. If you cannot mail it by registered mail, you can use the express mail to post it, and you must not use the parcel to mail the application documents. In addition to the detailed address (including postal code) of the patent office or the patent office, the registered letter should also be marked with the “application document” and the “receipt of the Patent Office of the State Intellectual Property Office” or “patent of the State Intellectual Property Office”. The words of the Office × × Agency Office. If the application documents are submitted by the courier company, the actual date of receipt of the application office of the Patent Office and the agency of each patent office shall be the filing date. A registered letter should only contain the same application documents. After mailing, the applicant should properly keep the registered receipt stub.
(3) The Patent Office does not accept samples, samples or models when accepting patent applications. In the examination procedure, if the applicant requests the examiner to submit the sample or model, if it is submitted in person at the patent office acceptance window, it shall produce a notice of review opinion; if it is mailed, it shall be marked on the mail: “The examiner ××× ( Name) requires the submission of the model.
SHOWLAW IP is the CNIPA licensed patent agent with professional skills in the IP matters in China, and is a famous and entrustable IP service provider in China. Please contact Showlaw CEO, Foco Yang, by email to foco@showlaw.cn
18. Introduction
to PCT International Application PATENT COOPERATION TREATY, referred to as PCT. The application filed under the PCT is referred to as the PCT International Application. For more information on the PCT, see http://www.cnipa.gov.cn/ztzl/pctzl/ .
- 分类： Patent, Uncategorized
Business Document Specification for Patent Agency Service
T/BJPAA 002—2019
Business Document Specification for Patent Agency Service
Business documents code for patent agency service
2019 – 0 2 – 15 released
2019 – 03 – 01 implementation
Beijing Patent Agent Association
Content
Foreword……………………………………………………………….. II
1 Scope………………………………………………………………1
2 Normative references…………………………………………………………1
3 Terms and Definitions…………………………………………………………1
4 Content requirements…………………………………………………………. 2
4.1 Patent Agency Agreement…………………………………………………… 2
4.2 Confidentiality Agreement………………………………………………………… 2
4.3 Patent Application Information Form…………………………………………………….3
4.4 Technical Submissions…………………………………………………………3
4.5 Business Letters…………………………………………………………3
Appendix A (informative appendix) Model text of patent agency agreement……………………………………5
Appendix B (informative) Demonstration text of the confidentiality agreement…………………………………………11
Appendix C (informative appendix) Model text of patent application information form……………………………………12
Appendix G (informative appendix) Model text of the Nth review opinion submission letter…………………………. 17
Foreword
This standard was drafted in accordance with the rules given in GB/T 1.1-2009. This standard is proposed and managed by the Beijing Patent Attorneys Association.
Patent agency service business document specification
1 Scope
This standard specifies the content requirements for business documents in the patent agency service process. This standard applies to domestic patent applications, invalidation announcements, changes in agency matters and related work.
2 Normative references
The following documents are indispensable for the application of this document. For dated references, only the dated version applies to this document. For undated references, the latest edition (including all amendments) applies to this document.
GB/T 21374 Basic vocabulary of intellectual property literature and information
3 Terms and definitions
The following terms and definitions as defined in GB/T 21374 apply to this document.
3.1
Entrusting party entrusting party
A unit or individual that entrusts a patent agency to handle patent-related matters for itself.
3.2
Patent agency
A legal person organization that accepts entrustment and handles patent-related matters on behalf of the entrusting party within the entrusted authority.
3.3
Patent attorney patent attorney
A natural person appointed by a patent agency to perform patent-related affairs on behalf of the entrusting party within the entrusted authority.
3.4
Patent service agreement
A legal document signed between the entrusting party and the patent agency to clarify the rights and obligations of both parties.
3.5
Confidentiality agreement
A document signed between the entrusting party and the patent agency to stipulate the confidentiality obligations and obligations of the agency service process.
3.6
Patent application information form
The patent agency provides the entrusting party with the form for the entrusting party to fill in the information required to submit the application to the patent administration department under the State Council.
3.7
Technical disclosure template
The technical documents provided by the patent agency to the entrusting party for the entrusting party to fill in the technical background, complete technical solution, and rights protection requirements of the invention according to the entry and explanation.
3.8
Business letter
A letter sent by a patent agency to a client to inform, convey, confirm, and recommend information about a patent application.
3.9
Basic agent fee Basic Patent Service Fee
The fees paid by the entrusting party to the patent agency to complete the agency service, including the fees for the patent application service and the patent invalidation service for the patent description project change service, excluding official fees and expedited fees.
3.10
Official fee
In the process of patent agency service, the fees charged by the patent administration department under the State Council and issued with the corresponding amount of receipts.
4 Content requirements
4.1 Patent Agency Agreement
4.1.1 The Principal and the Patent Agency shall sign a written patent agency agreement.
4.1.2 The patent agency agreement should specify the following:
- a) The name, address, contact information, and account opening information of the parties; the patent agency shall specify the patent agency code;
- b) commissioned matters and specific content;
- c) the rights and obligations of both parties;
- d) confidentiality terms;
- e) fees and payment methods;
- f) contract performance period;
- g) liability for breach of contract;
- h) dispute resolution methods;
- i) the entry into force and termination of the contract;
- j) the number of contracts signed;
- k) The signature of the contract.
4.1.3 Appendix A gives a model text for a patent agency agreement.
4.2 Confidentiality Agreement
4.2.1 Where the patent agency agreement stipulates that a separate confidentiality agreement is signed, the entrusting party and the patent agency shall sign a confidentiality agreement.
4.2.2 The confidentiality agreement should specify the following:
- a) the name, address, contact information, and patent agency code of the parties;
- b) the rights and obligations of both parties;
- c) the scope and time limit of confidentiality;
- d) liability for breach of contract;
- e) the settlement of the dispute;
- f) the entry into force and termination of the agreement;
- g) the number of copies of the agreement;
- h) The signature of the agreement.
4.2.3 Appendix B gives a sample text of the confidentiality agreement.
4.3 Patent Application Information Form
4.3.1 The patent application information form shall set the title of the article including the following:
- a) the initial name of the invention and the type of application;
- b) name of all inventors, first inventor’s name, nationality, identity document number; c) applicant’s name/address, ID number/unified social credit code; d) contact name, mailing address, telephone number, email address Wait;
- e) Whether an advance public or substantive review request is made at the same time.
4.3.2 Appendix C gives a sample text of the patent application information form.
4.4 Technical Bidding Template
4.4.1 The technical submission template consists of basic information and content information.
4.4.2 The technical information template basic information shall include, but is not limited to, the title of the invention creation, the type of application expected, and the contact details of the technical person in charge.
4.4.3 Technical Submission Template Content information should be set to include the following headings:
- a) the present invention creates related technical backgrounds and implementations most similar to the present invention;
- b) detailed technical solutions and key technical points created by the present invention;
- c) a proposed protection point created by the present invention;
- d) an alternative created by the present invention;
- e) Figures and other technical information.
4.4.4 A detailed explanation or explanation of the corresponding title should be set under the heading of the template template of the technical submission.
4.4.5 Appendix D gives a sample text of the technical submission template.
4.5 Business letter
4.5.1 A business letter should be a letter, and multiple items should not appear in the same business letter.
4.5.2 Business terms should be polite and appropriate, and the language should be concise and clear. Statements that are ambiguous should not be used.
4.5.3 The business letter should include the following:
- a) title;
- b) basic information;
- c) the text;
- d) attachments;
- e) follow-up matters;
- f) Contact information.
4.5.4 The title should clearly indicate the purpose of sending this business letter, and the format should be in the form of “specific items (or official document name) + transfer / confirmation / report + letter”.
Example 1: Acceptance Notice + Transfer + Letter;
Example 2: Patent Application Submission + Confirmation + Letter.
4.5.5 The basic information shall specify the name of the invention, the applicant and other information; after the official notification of the Patent Application Acceptance Notice, the basic information shall also include the application number, application date, priority number and other information.
4.5.6 The text should succinctly state the purpose and basis for the transmission of this business letter.
4.5.7 The documents mentioned in the title or body should be added to the business letter in the form of an attachment.
4.5.8 Subsequent processing matters shall be in the form of a list showing the work to be carried out by the entrusting party, with clear time limits and expenses.
4.5.9 The contact information shall include the name of the patent agent or case handler who sent the business letter, contact number and e-mail address.
4.5.10 Business letters should be sent by e-mail.
4.5.11 Appendix E, Appendix F and Appendix G respectively give the model texts of the “Confirmation Letter”, “Conveyance Letter of Acceptance Notice” and “Report Letter of Submitted by Nth Review” commonly used in business letters.
Appendix A
(informative appendix)
Patent agency agreement model text
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Party A (client): |
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Unified Social Credit Code / ID Number: |
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address: |
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Zip code: |
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account number: |
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Bank of account: |
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Contact: |
phone: |
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Email: |
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Party B (Patent Agency): |
(Agency Code: ) |
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Unified social credit code: |
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address: |
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Zip code: |
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account number: |
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Bank of account: |
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Contact: |
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phone: |
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Email: |
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According to the “Contract Law” of the People’s Republic of China, the “Patent Law”, the “Rules for the Implementation of the Patent Law” and the “Regulations of the Patent Agent”
It is stipulated that, by consensus, Party A entrusts Party B to reach the following agreement on matters related to patent agency services.
A.1 Entrusted matters
A.1.1 Regarding the patent application, Party B provides agency services and contents for Party A as shown in Table A.1:
Table A.1 Patent Application Agency Services and Contents
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service items |
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Service Content |
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Pre-write information retrieval and analysis of search results; |
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Invention patent application |
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Write an application file; |
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Write a request for review and a reply to the review; |
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Utility model patent application |
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Assist in the processing of patent fee mitigation procedures; |
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Proxy application and reply to the notice of review before authorization or rejection; |
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Design patent application |
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Communication of relevant documents during the application process; |
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The agent responds to the notice of review before the authorization or rejection; |
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Acting to review the oral audit and record the trial process; |
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Review request |
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Agent authorized to go to the office; |
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Agency annual fee payment; |
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Other agency matters. |
A.1.2 Regarding the patent invalidation announcement, Party B provides agency services and contents for Party A as shown in Table A.2:
Table A.2 Patent Invalidation Announcement Agency Service Items and Contents
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Searching for information, collecting evidence, and forming documents; |
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Requester’s agent |
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Write an invalidation request and submit it to correct the reason and evidence; |
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Prepare to reply to the submission or modify the patent document and submit it; |
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Opinion reply and document transmission during the process of proxy invalidation request; |
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Agent of the requested party |
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Write a statement of opinion and supplement the necessary documents; |
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Acting for oral review and recording the trial process; |
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Transfer the invalidation review decision to the client and make recommendations to the client on follow-up procedures or remedies. |
A.1.3 Regarding other patent agents, Party B provides agency services and contents for Party A as shown in Table A.3:
Table A.3 Other patent service items and contents
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Service Content |
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The name of the applicant (or patentee) is changed; |
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Transfer of patent application rights (or patent rights); |
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Tracking project changes |
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Inventor change; |
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Change of patent agency and agent; |
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Change of applicant’s nationality; |
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Other recorded project changes. |
A.2 Party A’s rights and obligations
A.2.1 Party A has the right to propose a replacement of the patent agent assigned by Party B and which may involve interest to Party A.
A.2.2 Party A has the right to review the official materials submitted by Party B in the patent agency process.
A.2.3 Party A has the right to request Party B to report the progress of patent services and provide corresponding official documents.
A.2.4 Party A shall assign special personnel as contacts to be responsible for the receipt, transmission and confirmation of documents during the patent agency service.
A.2.5 Party A shall provide Party B with technical information related to the patent agency on the specified date and ensure that the technical information provided is true and accurate. Party A shall bear the costs incurred by Party A for failing to submit the documents necessary for the patent application to Party A within the time specified by Party B.
A.2.6 Party A shall receive the electronic documents of the electronic patents and the electronic mails of all kinds of notices conveyed by Party B, and shall ensure the normal receipt of mail.
A.2.7 After Party A receives the confirmation document from Party B, it shall promptly confirm it to ensure that Party B reserves at least one working day for the preparation time.
A.2.8 Party A’s contact information (including but not limited to address, telephone number, e-mail address and contact person) should be notified to Party B in writing after the change.
A.2.9 Party A shall bear the full cost of the patent application, including one or more of the basic agency fee, official fee, expedited fee or basic agency fee for withdrawal.
A.2.10 Party A shall pay the official fees in full and in full according to the requirements of the official documents of the patents. The official fees may be paid by Party A or entrusted by Party B; Party A shall pay Party B the appropriate fees in advance to pay Party B.
A.2.11 If the entrusted project involves a design application, Party A shall provide Party B with a picture or photo copy of the design and inform the use of the product of the design. If Party B is required to take photographs, Party B shall notify Party B in advance and reserve a reasonable Shooting time.
A.3 Party B’s rights and obligations
A.3.1 Party B shall assign a special patent agent to be responsible for Party A’s patent affairs.
A.3.2 Party B shall understand the invention ideas and contents based on Party A’s technical materials and the opinions of the contact person, and shall be responsible for completing the writing and replying of relevant documents.
A.3.3 Party B shall submit Party A’s review and confirmation before submitting the official application materials.
A.3.4 Party B is obliged to report the progress of the entrusted affairs to Party A in a timely, truthful and detailed manner according to Party A’s request, and notify Party A and shall deliver it within one working day after receiving any official documents or materials. Deliver the official documents or materials of Party A in time.
A.3.5 Party B has the right to request Party A to provide technical information related to the patent agency, and assign specialized technical personnel to carry out technical communication and answer.
A.3.6 If Party A has no special statement, Party B prefers to submit relevant documents electronically.
A.3.7 After Party A obtains the patent authorization, Party B shall promptly notify Party A to pay the annual fee. Party A has the right to choose whether to pay or entrust Party B to pay. If Party B is required to pay, Party B shall pay in strict accordance with official regulations. The agency fee agreed in this contract shall be paid to Party B. If Party A fails to entrust Party B to pay the annual fee, Party B will no longer monitor and remind the subsequent annual fee. If Party A needs Party B to monitor and remind the time limit for the subsequent annual fee, it will charge a separate fee.
A.3.8 Party B has the right to request Party A to pay the relevant fees in a timely and full manner in accordance with the agreement in this agreement.
A.4 Confidentiality Responsibility
A.4.1 Both Party A and Party B are obliged to keep confidential the business and technical secrets of the other party who are aware of the cooperation process. The secret may not be used for any purpose other than the cooperation matters stipulated in this contract without the written permission of the owner of the trade secret, and may not be disclosed or publicly released to any third party in any way until the official announcement or trade secret. All parties disclose the secret. Any party who violates this confidentiality obligation shall be liable for the direct loss caused by the party to the trade secret; at the same time, the owner of the trade secret has the right to terminate this contract. A separate confidentiality agreement may be signed if necessary.
A.5 work cycle
A.5.1 The working period of the patent application shall be one working day from the date when Party B receives Party A’s technical disclosure information and submits the final patent application file to the patent administration department under the State Council.
A.5.2 In the patent application transaction, Party B will send the relevant documents to Party A in accordance with the normal processing procedures and wait for Party A to reply. The work cycle mentioned in paragraph 5.1 is suspended, and from the time when Party A’s reply is delivered to Party B. Continue to calculate the work cycle.
A.6 fee
A.6.1 The patent agency service fee mainly includes the basic agency fee and official fee. Party A needs to pay extra for the expedited fee. In the process of agent, Party A applies for the withdrawal of the case, and the service process pays the dismissal agency fee and has occurred. Official fees, no longer pay the basic agency fee.
A.6.2 The basic agency fees and contents are detailed in Table A.4-Table A.6.
A.6.3 The official fees agreed by Party A and Party B shall be paid in the following manner. The official fee items and charging standards are shown in Table A.7.
□ Party A shall pay its own payment, Party B shall issue a notice of payment, and the patent administration department under the State Council shall issue a corresponding receipt;
□ Party A entrusts Party B to pay the official fee, and Party B will transfer the corresponding receipt issued by the patent administration department under the State Council to Party A after payment.
Note: If the official fee is paid to the patent administration department under the State Council in the name of Party B, Party A shall separately bear the official fee increment. Party B will no longer provide the original official receipt to Party A, and Party B will issue an invoice for its official fee.
A.6.4 If Party A requests patent writing and submission expedited, Party A will charge the expedited fee according to the expedited time B. The charging standards and contents are detailed in Table A.8.
A.6.5 Party A shall withdraw the entrustment without completing the submission at the patent application writing stage, and Party B shall charge the corresponding basic agency fee according to the actual completion of the work. The specific charging standards and details are shown in Table A.9.
A.6.6 The above fees are settled in the first way.
- a) Settlement by month, quarter, and year. Before the last working day of the month/quarter/year, Party A shall settle the entire expenses incurred by the patent agency service for the current month/quarter/year.
- b) Pre-settlement by piece. After the signing of the patent agency service agreement, Party A shall pay Party B the full cost of the patent agency service within one working day from the effective date of the contract. All expenses are calculated based on actual occurrences.
- c) Settlement by piece. After the completion of the patent agency service, Party A shall pay Party B the full cost of the patent agency service within one working day.
A.6.7 Party A shall pay Party B the full amount in the first way, 1. Cash; 2. Check; 3. Remittance.
A.6.8 Party B shall, within one day after receiving the full payment from Party A, issue to Party A all invoices for the agency services other than the official fee. The parties agree that the invoice type is . 1. VAT special invoice; 2. VAT ordinary invoice.
A.7 liability for breach of contract
A.7.1 If Party A violates the provisions of items A.2.1, A.2.2, A.2.4, A.2.5, A.2.6, A.2.9 and A.2.10 of this contract, Party A shall bear the responsibility The adverse consequences. Party B shall not bear any responsibility for this, except for the fault caused by Party B’s fault.
A.7.2 If Party A fails to pay the relevant fees as stipulated in this contract, Party B has the right to notify Party A in writing. If Party A still fails to pay within one working day after receiving the written notice, Party B has the right to suspend the contract. Party A shall, after receiving written notice from Party B to terminate the contract
Within one working day, we will negotiate with Party B and pay the relevant fees. Otherwise, Party B has the right to terminate this contract and will not bear any losses caused to Party A.
A.7.3 If the registration or protection procedure is terminated or invalid and cannot be recovered due to Party B’s fault, Party B shall pay Party A the amount of the basic agency fee as compensation; if the loss occurs, Party B shall conduct Party A according to the actual loss. Compensation, but the amount of compensation does not exceed twice the basic agency fee.
A.8 Dispute Resolution
A.8.1 Party A and Party B shall, in the validity period of this contract, dispute the content of the contract and shall settle it in accordance with the principle of fairness and good faith.
A.8.2 If the negotiation fails, the following methods shall be resolved: 1. Submit the dispute to the Arbitration Commission for arbitration; 2. File a civil lawsuit with the Beijing District People’s Court according to law.
A.9 Term, modification and termination of the contract
A.9.1 This contract is validated by the signature of the authorized representatives of both parties and stamped with their respective official seals or special seals for the contract.
- a) the patent application is notified by the patent administration department under the State Council or is deemed to have been withdrawn or rejected due to Party A’s reasons;
- b) Year Month Day.
A.9.2 During the period of validity of the contract, both parties have the right to modify, supplement or terminate the contract (including the charging standard) according to the performance of the contract, business and industry development.
A.9.3 Any modification or supplement to this contract shall be subject to the written consent of both parties.
A.9.4 When the parties terminate the contract, the business relationship between Party A and Party B is automatically terminated with the termination of the contract.
A.9.5 This contract and the annex have a total of one page, one for Party A and one for Party B. The contract annex has the same legal effect as this contract.
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Party A: (seal) |
Party B: (seal) |
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Party A (signature): |
Party B representative (signed): |
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year month day |
year month day |
A.10 Accessories
Table A.4 Details of Patent Application Service and Basic Agency Fees
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service items
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Service Content |
Agency fee / yuan |
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□ |
Pre-write information retrieval and analysis of search results |
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□ |
Invention patent application |
□ |
Write an application |
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□ |
Assist in handling patent fee mitigation procedures |
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□ |
Utility model patent application |
□ |
Notification of review notice before proxy application and reply authorization or rejection |
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□ |
Transfer of relevant documents during the application process |
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□ |
Design patent application |
□ |
Proxy reply to the review notice before authorization or rejection |
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□ |
Write a review request and reply to the review notice |
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□ |
Acting to review the oral audit and record the trial process |
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□ |
Patent review request |
□ |
Agent authorized to do |
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□ |
Agency annual fee payment |
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Subtotal of basic agency fees for invention patent applications: |
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Subtotal of basic agency fees for utility model patent applications: |
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Subtotal of basic agency fees for design patent applications: |
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Subtotal of basic agency fees for patent review requests: |
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Table A.5 Patent Invalidation Announcement Service Content and Fee Basic Agent Details
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service items |
Service Content |
Agency fee / yuan |
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□Requester’s agent □Agent of the requested party |
□Searching for information, collecting evidence, forming documents |
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□Write an invalidation request and submit it, correct the reason and evidence |
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□Prepare to reply to the submission or modify the patent document and submit |
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□Opinion reply and document transmission during the process of proxy invalidation request |
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□Write a statement of opinion and supplement the necessary documents |
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□Acting for oral review and recording the trial process |
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□Transfer the invalidation review decision to the customer, and follow up the procedure or relief route to the client |
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Invalid announcement requester basic agent fee subtotal: |
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Invalid announcement subtotal of the basic agent fee of the requested party: |
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Table A.6 Details of the service content of the patent description project and the basic agency fee
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service items |
Service Content |
Agency fee / yuan |
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Applicant (or patentee) name or name change |
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Transfer of patent application rights (or patent rights) |
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□Tracking project changes |
Inventor change |
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Patent agency and agent change |
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Applicant’s nationality change |
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Other recorded project changes |
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Subtotal of basic agency fees for patent bibliographic changes: |
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Table A.7 Official fee items and cost breakdown
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No. |
project name |
Expense name |
Amount / yuan |
Post-mitigation cost/yuan |
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1 |
Invention patent application |
Invention patent application fee |
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2 |
Invention patent publication printing fee |
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3 |
Invention patent review fee |
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4 |
Utility model patent application |
Utility model patent application fee |
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5 |
Appearance patent application |
Appearance patent application fee |
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6 |
Patent review request |
Patent review request fee |
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7 |
Patent invalidation request |
Patent invalidation request fee |
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8 |
Tracking project changes |
Applicant or inventor change |
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9 |
Agency or agent change |
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10 |
Official fee surcharge |
Priority review of search fees |
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The fees will increases the amount of each page from the first page, and increases the amount of each page from the beginning of page 301(including the sequence listing). The fees increases because the excess . |
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Note: Not all of them are listed here. Only the most likely items are listed. You can continue to add them according to the actual items. |
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Table A.8 Expedited fees
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No. |
Expedited time requirement |
Expedited fee/yuan |
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1 |
Submitted within one working day |
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2 |
Submitted within 5 working days |
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3 |
Submitted within 10 working days |
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4 |
Submitted within 15 working days |
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Table A.9 Dismissal agency fee
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No. |
Service process |
Withdrawal agency fee / yuan |
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1 |
Started work, but did not complete the first draft |
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2 |
Complete the first draft |
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3 |
Has been finalized with the inventor but has not been submitted |
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4 |
Patent application submitted and received the first notice of review |
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Appendix B
(informative appendix)
Model text of the confidentiality agreement
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Party A (client): |
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address: |
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Zip code: |
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Contact: |
phone: |
Email: |
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Party B (trustee): |
(Agency Code: ) |
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address: |
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Zip code: |
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Contact: |
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phone: |
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Email: |
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In order to protect the proprietary information involved in the process of acting in the patent business between Party A and Party B (the contents described in Article 2 of this Agreement), Party A and Party B have reached the following agreements through equal negotiation:
The first proprietary information owner: Party A.
The second patent business.
The “patent business” referred to in this agreement includes the patent application of the agent, the invalidation request, the change of the project, and other business related to the patent.
The third piece of proprietary information. Proprietary information, as used in this Agreement, means “all proprietary information” that is provided by Party A to Party B in connection with the patent business, whether written, verbal or graphic. , electronic, magnetic, or any other form of information and all copies thereof, including but not limited to documents, data, models, samples, drafts, technical materials, technical methods, equipment, or other information.
Party A expressly indicates that non-proprietary or secret information is excluded.
Article 4 Party B shall keep the proprietary information of Party A known in its practice activities, and shall not disclose, plagiarize or use such information to damage Party A’s legitimate rights and interests.
Article 5 Party B shall take all necessary means to take confidential measures on the obtained proprietary information to ensure its safety and avoid
Copying, disclosure or use of the authorization.
Article 6 If Party B violates this Agreement by leaking, plagiarizing or using Party A’s proprietary information to damage Party A’s lawful rights and interests, and causing economic losses to Party A, Party B shall bear the economic compensation liability.
Article 7 Party B shall not be liable for damages due to the fault of Party B, but the disclosure of Party A’s proprietary information caused by the fault of Party A itself or a third party.
Article 8 If the proprietary information involved is disclosed to the public due to official disclosure, Party B’s duty of confidentiality shall continue until the date of official disclosure. Party B shall also be responsible for the confidentiality of other proprietary information of Party A known under this Agreement, and the duty of confidentiality shall not be terminated by the termination of this Agreement.
stop.
Article 9 If Party A has special provisions for some proprietary information, it shall be within the time limit specified by special regulations.
Article 10 When Party A discovers that Party B has violated or may violate this Agreement, Party A has the right to request Party B to immediately stop the breach of contract and improve the confidentiality measures.
Article 11 This Agreement shall be in one copy, Party A and Party B. Effective from the date of signature by both parties, and expired 2 years after termination of service.
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Party A: |
Party B: |
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Party A (signature): |
Party B representative (signed): |
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year month day |
year month day |
Appendix C
(informative appendix)
Patent application information form demonstration text
Table C.1 Model text of patent application information form
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Patent application form |
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Your referrence: Our referrence: |
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Initial draftingname |
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ApplicationTypes of |
□ Invention □ Utility model □ Design |
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hairMing people |
(please provide in order) |
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First inventor nationality |
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First inventor identification number |
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Note: The inventor has the right to request the patent administration department under the State Council not to publish its name □ not to publish the name |
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Note 1Shen invite |
Applicant (1) |
Name or name |
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Country of Citizenship |
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address |
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Organization code (corporate application) |
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Zip code |
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ID number (individual application) |
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Applicant (2) |
Name or name |
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Country of Citizenship |
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address |
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Organization code (corporate application) |
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Zip code |
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ID number (individual application) |
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Contact |
Name |
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contact address |
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Office Phone |
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Mobile phone |
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Zip code |
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fax |
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Application matters |
Note 2Fee mitigation request |
□ 85% (one applicant applies separately) □ 70% (two or more applicants apply together) |
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Apply on the same day |
□Declaration that the applicant applied for a utility model patent on the same day of applying for the invention patent for the same invention. |
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Substantive review request |
□ Apply for substantive examination at the same time |
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Confidential review |
□ |
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Open in advance |
□ |
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Is there a priority? |
□Yes |
Priority number |
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Note 1: When there are more than 2 applicants, you can continue to add them.Note 2: The specific provisions for cost mitigation should be adjusted according to the latest national policy documents. |
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Appendix D
(informative appendix)
Technical textbook template demonstration text
Patent application technical submission template year month day
Your referrence: Our referrence:
Invention name:
Application Type: □ Invention □ Utility Model □ Design
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Technical problem contact: |
Name |
phone |
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Case contact: |
Name |
phone |
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D.1 Related technical background and development of existing technologies
D.1.1 Background Technology
(Introduction to the state of the art; explaining key technologies.)
D.1.2 Prior art related to the creation of the invention
D.1.2.1 Prior art technical solutions
(Providing related art, in conjunction with the drawings, the prior art is described in detail in the text, so that the technical content is subject to no need to look at the literature. If the prior art is from patents, periodicals, books, please Provide the source.)
D.1.2.2 Disadvantages of the prior art
(In combination with the prior art, the defects, shortcomings, and deficiencies existing in the prior art are derived, and the deficiencies proposed need to be solved by the invention)
D.2 The technical solution of the invention is elaborated
D.2.1 Technical problems to be solved by the invention
(For the defects, shortcomings and deficiencies of the prior art, the technical problems to be solved by the technical solution are described positively)
D.2.2 The invention creates a complete technical solution
(This section is the most important part of the patent application, please provide a detailed description. If it is a device or system, the components of the device or system and the connection relationship between the components should be described in conjunction with the drawings, and the components are zero. The name, mutual assembly and positional relationship of the parts shall be clearly and completely described, and the working principle, structural characteristics and working process shall be explained. If it is an invention patent involving a computer program, the design concept of the computer program shall be clearly and completely described. And its technical features and implementations that achieve its technical effects. It is preferable to describe the solution in combination with specific examples, and those skilled in the art can refer to the description implementation scheme.)
D.2.3 The beneficial effects brought by the inventive solution
(In combination with the technical solution, the beneficial technical effects that can be achieved by the present invention are derived in a causal reasoning manner; it can be described in correspondence with the disadvantages of the prior art of D.2.2.)
D.3 Technical key points and proposed protection points created by the present invention
(Simple point of view, extracting the technological innovations created by the invention, so that the agent can understand the technical solution more clearly; can write according to the key technical points that bring the beneficial effects in the previous part; if there are multiple proposed protection points, according to the important order Listed one by one.)
D.4 Alternatives to the creation of the invention
(Product shape, construction, method execution steps that can be replaced by other means; including replacement of some structures, devices, method steps, and replacement of complete technical solutions.)
D.5 Drawings and other technical materials
D.5.1
(Provides computer-generated black and white (no rendering) line drawings, and is preferably an editable drawing.)
D.5.2 Other technical materials that help to understand the creation of the present invention
Note: The contents in parentheses are the explanation or description of the title of the item.
Appendix E
(informative appendix)
Demonstration text of the confirmation letter
Filing confirmation
Invention name:
applicant:
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Your referrence: |
Our referrence: |
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Application Number: |
Application date: |
Priority number:
: Hello!
We are very pleased to receive your new application entrustment instructions sent by email on XXX×××××××, thank you for your trust!
The attached patent application information form is the filing information determined according to your entrusted instructions, please confirm. If there is any supplement or information/documents that have not been provided, please provide it as soon as possible so that we can successfully complete the assignment and complete the submission.
Please reply to confirm receipt of this message.
Thank you! I wish you all the best!
(institution name)
year month day
Attachment: (1) Patent Information Application Form 1 copy × page.
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Follow-up matters: |
the term |
cost |
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Processing person: |
Name |
mailbox |
phone |
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Appendix F
(informative appendix)
Acceptance notice transfer letter demonstration text
Acceptance letter
Invention name:
applicant:
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Your referrence: |
Our referrence: |
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Application Number: |
Application date: |
Priority number:
: Hello!
We are pleased to inform you that our company has received the patent application acceptance from the patent application issued by the Patent Administration Department of the State Council of China.
Notice, please attach the notice of acceptance to the mail, please check. If you have any questions, please feel free to call or write to us.
Please reply to confirm receipt of this message.
Thank you! I wish you all the best!
(institution name)
year month day
Attachment: (1) Acceptance letter of acceptance notice 1 copy × page.
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Follow-up matters: |
the term |
cost |
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Processing person: |
Name |
mailbox |
phone |
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Appendix G
(informative appendix)
Model text of the report of the Nth review
Report of the Nth Review
Invention name:
applicant:
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Your referrence: |
Our referrence: |
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Application Number: |
Application date: |
Priority number:
: Hello!
According to the instructions of your XXX××××××× days, our company has already responded to the comments of the Nth review of the application.
The report is submitted to the Patent Administration Department of the State Council of China.
Please submit the document with the Nth review opinion of the title patent application attached to the mail, please check it. If you have any questions, please feel free to call or write to us.
Please reply to confirm receipt of this message. Thank you!
I wish you all the best!
(institution name)
year month day
Attachment: (1) Report letter of the Nth review opinion 1 copy × page.
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Follow-up matters: |
the term |
cost |
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(1) Waiting for the N+1 review opinion/authorization notice/refusal notice issued by the patent administration department under the State Council |
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Processing person: |
Name |
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- 分类： Patent