What should you think about before applying for a patent? What should you prepare before applying for a patent? Do I need to seek assistance from a patent firm or patent attorney?

What should you think about before applying for a patent?

Applying for a patent is a long-term process that requires a lot of time and energy. Therefore, before starting the process, first have a clear idea of what it is you want to patent so that the process can be customized for you. Generally speaking, the steps to apply for a patent are as follows:
First, you need to determine whether your idea has not yet been patented. This can reduce unnecessary disputes you may encounter when applying for a patent. In addition, you can also search for patent information by visiting the patent database, and record your ideas and research results for subsequent reference.
Secondly, you need to arrange your patent resource identification (PRD) plan, which can help you clearly evaluate your patent idea and decide the best date to apply for a patent. At this step, you can also seek advice from professionals who can help you better understand the features, feasibility, substitutability and market potential of the patent you want to apply for.
Third, in order to prepare all the necessary information for your patent, you need to try to research and collect all relevant information about the patent application and make sure that they meet the administrative requirements of the patent office before the tedious plan, including written certification, trademark, Technical details, services of attorney, and filing fees.
Finally, if your preparations pass, you can file your patent application with the Patent Office, which can be done through the Patent Office's website. After your patent application is filed, you will need to stay in contact with the patent officer to confirm whether your patent has been accepted. If all goes well, you'll get patent protection, but there's no guarantee that disputes won't arise.
In short, applying for a patent requires a good grasp of many factors, and these factors also determine the difficulty of applying for a patent. Therefore, before applying for a patent, the most important thing is to be clear about what you are asking for, and then ensure that the resources for your patented ideas and research results are valid and have all the necessary information ready.

What should you prepare before applying for a patent?

For those who are about to apply for a patent, what to prepare is an important question. Before applying for a patent, there are many things that need to be prepared to ensure the success of the application.
First, you should have a basic understanding of the laws and patent systems governing patent applications so that you can better understand your patent rights and ensure that your patent application does not violate any legal provisions.
Secondly, you should find a patent attorney who can provide professional advice and assistance and assist you in completing your patent application. In addition, they can help you communicate with the patent office to ensure that your application meets patent requirements.
Finally, you should collect all information about your patent, including the patent description, pictures, experimental data and models, and other relevant information. This information will help the patent office review your patent application and gain a better understanding of your patent application.
In short, if you want to successfully apply for a patent, the above is what you should prepare. You should have a basic understanding of patent law and the patent system, find a patent attorney, and collect information about patents. By preparing the above, you will be able to ensure the success of your patent application.

Legal Tips for Patent Litigation

(1) Thoroughly understand the patented technology

For highly technical patent litigation, it is very important to research, analyze and thoroughly understand patented technology and related technologies. Patent litigation requires lawyers to not only understand legal provisions and relevant regulations, but more importantly, lawyers must understand patent technology.

In patent litigation, in addition to relevant laws, understanding of patented technology is also a very important part. Legal provisions alone cannot solve the relevant issues in patent litigation, especially when determining whether a certain technology constitutes infringement or whether it constitutes infringement. Whether it is a technology that is well-known to the public, whether it is an obvious technology, etc., all require certain technical knowledge. It is difficult to be competent in patent litigation without delving into patented technology.

(2) Collect effective evidence

For the lawyer of the plaintiff's patentee, the most important thing is to collect evidence of infringement. It is important to purchase infringing products, but some infringing products themselves are counterfeit products of others, and the manufacturer mentioned above is not necessarily the real infringer. factory.

Therefore, it is best to go directly to the manufacturer to purchase products suspected of infringement. If necessary, you can obtain evidence through notarization, or obtain evidence of infringement through the industrial and commercial administration department or technical supervision department when performing other duties.

The most difficult thing for the plaintiff to obtain evidence is to obtain the amount of the other party’s production and sales. In this case, the plaintiff can request the court to take evidence preservation measures to obtain this evidence. Obtaining evidence of infringement and the amount of infringement is the key to the plaintiff's success.

For the defendant, the key is to collect all evidence that can invalidate the plaintiff's patent, including patent documents, sales invoices, product advertisements, public use certificates, etc. Although product invoices can be used as evidence to invalidate someone else's patent, sometimes the invoice is not enough because the invoice does not specifically describe the shape or technical characteristics of the product.

If the defendant finds evidence that is sufficient to pose a threat to the plaintiff's patent, which is one of the keys to victory, or if it finds effective evidence that proves its prior use or that it is using freely and publicly known technology, it may take the initiative in the lawsuit.

(3) Use relevant patent litigation strategies

For defendants, the most common method is to counterclaim that the other party’s patent is invalid, thereby buying time to seek other defense methods. For plaintiffs, before litigation, they can evaluate and re-examine their patents and obtain relevant evidence and identification or reports of patent validity to facilitate subsequent litigation.

Litigation related to patents will have different attack, defense and strategies depending on the parties to the litigation, the content of the patent, market share, patent pool, subsequent patent strategy, etc. Therefore, it is still recommended that lawyers who specialize in patent litigation and Engineers come to assist.

Further reading:What should I do if a trademark infringement occurs? Legal measures that can be taken.

Further reading:What are business secrets? Three major legal requirements for business secrets.

Further reading:What should I do if an employee takes away company confidential information? Relevant provisions of the Trade Secrets Act.

Fuda Law Firm, composed of a team of lawyers, patent attorneys and patent engineering teams who are dedicated to patent law and specialize in the field of intellectual property law. The team lawyer members all have rich practical experience and long-term experience in serving listed companies and small and medium-sized enterprises, and can provide assistance. If you have any needs, you can contact our firm at any time.

Fuda Law Firm
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