How to apply for a design patent? What is the application process?

A design patent is the object of the patent right and the object of protection under the Patent Law, which refers to the design for which the patent right shall be granted in accordance with the law. It is completely different from an invention or utility model, i.e. a design is not a technical solution. So how do you apply for a design patent?

A design patent is a design made from a combination of patterns and colors on an industrial product. Design patent application processDesign patent application process: 1. Prepare relevant materials Design patent application form (can be carried out at the State Intellectual Property Office**); Fill in the relevant information, and ensure that the information is correct; Preparation of design patents and descriptions.

2. If the materials are sent to the State Intellectual Property Office, the materials can be directly sent to the State Intellectual Property Office for processing. 3. After receiving the acceptance notice, pay the application fee for the design patent, and the acceptance number is the patent number 4, and the waiting time for the patent office to review and review will be longer, about a few months, and the product will not be listed during this period, and the product will be at risk. 5. After receiving the authorization notice, the authorization fee is generally 295 yuan, and if there is no reduction or exemption, it will be higher, more than 800.

6. After waiting for the issuance of the patent certificate and receiving the patent certificate, the patentee shall carry out the act in accordance with the provisions on the patent certificate, and shall not use the patent arbitrarily in violation of the matters on the patent certificate. Finally, we remind that a design patent is a design composed of a combination of patterns and colors applied to industrial products, and the design patent is protected by China's Patent Law.

In China, the term of protection of design patents and utility model patents is 10 years, while the term of protection of invention patents is 20 years. For more information, please call Bajie Intellectual Property Services**.

The application process varies from patent to patent.

For a design patent application, it is necessary to prepare the appearance view of the six sides of the product, fill in the "Design Patent Application" together with a brief description of the design, and submit the application documents to the State Patent Office. After submitting the application, you can get the Notice of Acceptance of the Patent in about a week. In about 3-5 months, the Patent Office will issue the Notice of Grant of Design Patent Right and the Notice of Registration Formalities.

After paying the patent registration fee and annual fee, the certificate will be issued in about two months. Application for utility model patent and invention patent: Both utility model patent and invention patent need to draft a patent specification and submit it to the National Patent Office together with the application for the patent.

Since the Patent Law stipulates that an invention patent is subject to substantive examination only after the publication of the patent specification of the application, the purpose of submitting an advance disclosure statement is to enter the substantive examination as soon as possible, so as to shorten the period of patent application. Therefore, invention patents also need to submit two documents: the "Statement of Request for Advance Disclosure" and the "Request for Substantive Examination".

After the application is submitted, the preliminary examination stage is carried out, and the examination is qualified, and the specification of the applied patent is disclosed in accordance with the advance disclosure statement, that is, the substantive examination stage is entered. If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued. After paying the fee in time, the certificate will be issued in about two months.

The invention patent application process takes about three years.

Application Stage. Filing a design patent application, **or**. If the color protection is requested, the color ** or ** in duplicate shall also be submitted.

If you submit **, you should be **, and if you submit **, you should be **, and you should not mix ** or **. If an explanation is required for ** or **, a brief description of the design shall be submitted. If a patent ** institution is entrusted, a power of attorney shall be submitted.

If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

END review stage.

China implements a preliminary examination system for design patent applications. During the preliminary examination process, the examiner will issue a notice of amendment to the formal issues in the application documents. The applicant made amendments to the notice.

At the same time, the examiner will examine whether the client is a customer for design patent protection, and if there is a customer that is not a customer for design patent protection, the examiner will issue a notice of reasons for reasons for office, and the applicant will reply to the notice of reasons for reasons for office or revise the application documents.

end authorization phase.

Grant: After passing the preliminary examination, the examiner will issue a notice of grant of patent. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures:

Pay the patent registration fee, the annual fee of the year of grant, the printing fee of the public notice and the stamp duty on the patent certificate within the prescribed time limit.

Issuance of Certificate: The applicant can obtain a patent certificate after completing the registration formalities. This period is about 2-3 months.

The design patent application process should first be provided by the applicant to provide a design patent application, ** or ** and other documents, by the patent office for a preliminary examination, if the examination is passed, by the patent administration department to grant the applicant the design patent right, issued the corresponding certificate.

Legal basis: The design for which a patent right is granted under Article 23 of the Patent Law of the People's Republic of China shall not belong to the existing design; Nor has any unit or individual filed an application for the same design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date. Article 27 of the Patent Law of the People's Republic of China provides that a person who applies for a design patent shall submit a written request, a ** or ** of the design, and a brief description of the design.

The applicant submits a request for the design of the product for which the patent protection is claimed. Article 40 of the Patent Law of the People's Republic of China If the application for a utility model or design patent is not found to be rejected after preliminary examination, the patent administration department shall make a decision to grant the utility model patent or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

1. An application for profit is a necessary procedure for obtaining a patent. To obtain a patent right, the applicant shall submit an application to the national patent authority, which shall approve and issue a certificate. When filing a patent application with the national patent office, the applicant should also submit a series of application documents, such as a request, description, abstract and claims, etc.

In terms of patent applications, the provisions of patent laws in various countries in the world are basically the same. You can apply by yourself or find a ** office to apply.

2. Patent application process.

Procedure (1) Principles for Granting Patents:

According to the basic principles of patent law, only one patent can be granted for the same invention. When there are two or more separate patent applications for the same invention, there are two principles of treatment: one is the first-to-invent principle and the other is the first-to-file principle.

The first-to-invent principle means that if two or more persons file separate patent applications for the same invention, the patent right shall be granted to the person who made the invention first, regardless of the time when the patent application was filed. However, due to the many practical difficulties often encountered in determining who was the first inventor in adopting this principle, it is currently adopted by only a few countries in the world, such as the United States, Canada and the Philippines.

Principles of patent application. The so-called first-to-file principle means that when two or more persons file separate applications for the same invention, regardless of the order of the time when they made the invention, the patent right is granted to the person who filed the patent application first, regardless of the order of the time when the invention was made.

2) Patent Examination Procedure:

Countries have different requirements for the examination of patent applications, and basically two different systems apply. Some countries implement a formal examination system, that is, only examine whether the form of the patent application meets the requirements of the law, but do not examine whether the invention meets the substantive conditions such as novelty. Some countries implement a substantive examination system, that is, not only the form of the application, but also whether the invention has the conditions of novelty, advancement and practicability.

China and most countries in the world have adopted a substantive examination system.

1 The subject matter of a design patent.

According to Article 2 of the Patent Law of the People's Republic of China and Article 2 of the Implementing Rules, China's patent applications are divided into three types: invention patents, utility model patents and design patents.

Design: refers to a new design that is aesthetically pleasing and suitable for industrial application made for the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. Therefore, a design patent is essentially a design scheme, which protects the external features of the product, which must be embodied by the specific product, and the product can be produced and reproduced by industrial methods.

This shape can be characterized by the three-dimensional shape of the product, the surface pattern of the product, or a combination of the two, but it cannot be a pattern or graphic design that is detached from the specific product.

2 Steps to apply for a design patent.

1) Before applying for a patent, under the professional guidance of the first person, analyze your own design scheme, and finally determine the application for a design patent.

2) The applicant can search for his own technical solution, or he can apply directly without searching, but the search is not omnipotent, let alone necessary, and in general, it is not recommended to search. In any case, the applicant is responsible for the novelty, legality and aesthetics of his or her design application.

3) If it is a service invention, the applicant is the employer; If it is a non-service invention, the applicant is an individual. If you apply in the name of the unit, you must stamp the official seal on the power of attorney provided by us, and if you apply in the name of an individual, you must sign the power of attorney, and then sign the entrustment contract, and pay the official fee and the ** fee according to the regulations.

4) Provide a list of designers (referring to natural persons, the number of which is not limited).

5) Explain the name of the product, and provide **or** that meets the requirements, and you can also make necessary explanations.

The view of the design is divided into two categories: drawing view and ** view, and if the client provides the view itself, please refer to the drawing view example and the ** view example. If there is no ** or **, a physical sample can be provided, which will be photographed or drawn by our company, and the cost will be charged separately.

The design patent application process in Shenzhen is as follows: About one week after submitting the application, you will receive the Notice of Acceptance of Patent Application issued by the State Intellectual Property Office; In about six months, you will receive the Notice of Registration Procedures issued by the State Intellectual Property Office; After paying the patent registration fee and annual fee, you will receive the "Design Patent Certificate" issued by the State Intellectual Property Office in about two months.

First of all, you need to prepare the details of the patent, and then submit it to the State Intellectual Property Office for application. As long as there are no problems with the information submitted, the patent itself is eligible to pass the examination. At that time, the applicant can obtain the patent right, if you are not familiar with the detailed process, you can also seek the help of the ** platform, and the platform will assist you in completing the patent application.