What should I pay attention to when applying for a design patent?

Updated on technology 2024-03-05
6 answers
  1. Anonymous users2024-02-06

    The necessary application documents shall be submitted and the fees shall be paid in accordance with the regulations. Patent applications must be filed in paper or electronically. Oral explanations or the provision of samples or models cannot be used as a substitute for a written application.

    In the patent approval process, only written documents have legal effect.

    All formalities shall be signed and sealed in accordance with regulations, and the signature and seal shall be exactly the same as the name or title filled in the request. Signatures and seals may not be photocopied. The formalities involving the transfer of rights shall be signed and sealed by all applicants, and other formalities may be signed and sealed by the representative of the applicant, and if the patent ** institution is entrusted, it shall be signed and sealed by the patent ** institution.

    Where supporting documents or attachments need to be attached to the formalities, the original or duplicate shall be used for the supporting documents and attachments, and photocopies shall not be used. If there is only one copy of the original, a copy can be used, but at the same time, it needs to be accompanied by a certificate issued by a notary public that the copy is consistent with the original.

  2. Anonymous users2024-02-05

    ** of the drawing.

    1) ** It should be drawn with reference to the provisions of China's national standards for technical drawing and mechanical drawing on orthographic projection relationship, line width and cutting mark, and the shape of the design should be expressed with a solid line of uniform thickness.

    2) The shape of the design shall not be expressed by hatched lines, indicator lines, dashed lines, center lines, dimension lines, dotted lines and other lines.

    3) The omitted part of an elongated item can be indicated by two parallel double-dotted lines or natural fracture lines.

    4) The drawing can be indicated with indicator lines to indicate the cutting position and direction, magnified parts, transparent parts, etc., but there should be no unnecessary lines or marks.

    5)**The design should be clearly expressed.

    6) ** It can be drawn using drawing tools, including computers, but not with pencils, crayons, ballpoint pens, blueprints, sketches, mimeographs.

    7) For designs drawn by computer**, the resolution of the drawing surface should meet the requirements of clarity.

    ** Shooting.

    1) **It should be clear to avoid the appearance of the product cannot be clearly displayed due to focusing and other reasons.

    2) **The background should be single, and other content other than the design product should be avoided. The product and background should have an appropriate brightness difference to clearly show the design of the product.

    3) ** shooting should usually follow the orthographic projection rules to avoid the deformation caused by perspective affecting the expression of the product's design.

    4) ** The expression of the design of the product should be avoided due to strong light, reflection, shadow, reflection, etc.

    5) The products in ** should generally avoid containing the contents or foils, but for those who must rely on the contents or foils to clearly display the design of the product, the contents or foils are allowed to be retained.

    6) The changing state of the product should be clearly expressed.

    Hope it helps.

  3. Anonymous users2024-02-04

    Then apply for a patent and apply for a design class.

    1.Requests.

    The request is the basis for determining the three types of patent applications for invention, utility model or design, and should be selected with caution; It is recommended to use the Patent Office Unification** (which can be logged in to the National Intellectual Property Office of China). The request shall include the name of the invention or utility model or the name of the product using the design; The name of the inventor or designer, the name or title of the applicant, the address (including the postal code) and other matters.

    Other matters refer to:

    1) Nationality of the applicant; The country in which the applicant is a business or other organization with its headquarters.

    2) The applicant entrusts the patent ** Yinshi Mountain institution to indicate the relevant matters. If the applicant is applying for two or more persons or a unit, and does not entrust a ** institution, a natural person shall be designated as the representative, and the name, address, postal code and contact number of the contact person shall be indicated.

    3) The type of divisional patent application (an application that has been rejected, withdrawn or deemed withdrawn cannot be filed) shall be consistent with the original application, and the application number and filing date of the original application shall be indicated, otherwise, it shall not be processed as a divisional application. For an invention or utility model claiming national priority, the country, filing date and application number of the earlier application shall be indicated in the request, and shall be filed within one year from the date of the earlier application.

    4) List of application documents.

    5) Attach a list of documents.

    6) Signature or seal of the parties.

  4. Anonymous users2024-02-03

    1. What are the contents of the application for a design patent?

    A brief description of a design patent application should include the following:

    1. The name of the design product. The product name and alternate name in the brief description should be consistent with the product name in the request.

    2. The use of the design product. The brief description should include the purpose that would help determine the product category. For products with multiple uses, the brief description should state the multiple uses of the product in question.

    3. The main points of the design of the design. The main points of the design refer to the shape, pattern and combination of the product that is different from the existing design, or the combination of color and shape and pattern, or the part. The description of the main points of the design should be concise and to the point.

    4. Specify a ** or ** that can best indicate the main points of the design. Designated ** or ** for the publication of the Patent Gazette.

    2. Precautions should be taken in the application for a design patent.

    1. The size of ** or ** should be between 3 cm 8 cm and 15 cm 22 cm;

    2. **Must be drawn by computer or formal drawing tools;

    3. Three-dimensional products** should include the main view, rear view, left view, right view, top view, vertical view and three-dimensional view; Flat products**, including front and back views (symmetrical or identical can be omitted);

    4. The proportion of each view must be consistent;

    5. There shall be no graphics or words that do not constitute the design, such as trademarks, logos, celebrity portraits, and shall not have indicator lines, dotted lines, center lines, size marks, etc.;

    Legal basis: Article 27 of the Patent Law: Where an application for a design patent is made, a request shall be submitted, such as a request for a design or 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 28 of the Detailed Rules for the Implementation of the Patent Law: A brief description of a design shall indicate the name and purpose of the design product, the main points of the design, and designate a ** or ** that can best indicate the main points of the design. Where the view is omitted or the color protection is requested, it shall be clearly stated in the brief description.

    Where a single design patent application is filed for multiple similar designs of the same product, one of them shall be designated as the basic design in the brief description.

    The brief description must not be used in commercial terms or to describe the performance of the product.

  5. Anonymous users2024-02-02

    Among the objects of protection of intellectual property rights, designs are relatively special. As an invention, in order for a design to be protected by patent law, it is first necessary to apply for a design patent. So, what are the issues to pay attention to when applying for a design patent?

    Precautions. 1. When applying for a design patent, the application for a design patent and the drawings or ** (if necessary, there may be a brief description of the drawings or **) and other documents of the design shall be submitted.

    2. The application documents shall be in duplicate (one original and one copy), and photocopies are allowed, but the signature and seal of the applicant or ** institution shall not be copied.

    3. This form must be completed in Chinese. If there is no unified Chinese translation of foreign names or place names, the original text shall be indicated.

    4. The "back" in the form is used by the person filling in the optional items, and if there is a situation described in the box, the "" sign is marked in the box.

    5. The two columns of this form shall be filled in by the Patent Office.

    6. If the applicant is a unit, the full name of the unit shall be used. If the applicant is a unit and has not appointed a person, a representative should be designated as the contact person in the unit, and fill in the column "name of the representative"; If two or more units apply together, one unit shall be selected as the representative of all applicants through consultation, and a representative contact person shall be designated in the unit, which shall be filled in the column "name or title" and "name of representative" respectively. If the applicant entrusts a person, the "name of the representative" in the column does not need to be filled.

    7. When there are multiple designers and seepage applicants, only one should be filled in the column and the rest should be filled in column and column respectively. Column 1 of this form shall be signed or stamped by the applicant or ** institution in column or column.

    8. The registration number of the **person in column 1 of this table refers to the registration number of the **person with the Chinese Patent Office. A person who has not registered with the Patent Office does not qualify as a **person. When the institution designates a person, it shall not exceed two persons.

    9. The communication address should be detailed, accurate, and in line with the usual practice, and the prompt delivery shall prevail.

    10. If the columns of this form cannot be filled in, it can be attached to a blank paper of the same size and quality as this form. When continuing, the number of the continued column should be indicated.

  6. Anonymous users2024-02-01

    Legal Analysis: Precautions for Applying for a Design Patent: After receiving the notice of grant and the notice of registration, the applicant shall go through the registration formalities and pay the prescribed fees in accordance with the requirements of the notice within the prescribed time.

    After the patent is granted, the patentee has to pay the annual patent fee every year, and if there is a six-month late payment period after the deadline, the annual fee can still be paid, but the late fee must be paid.

    Legal basis: Measures for the Registration of Pledge of Patent Rights

    Article 12 Where the application for registration of a pledge of patent right is qualified after examination, the State Intellectual Property Office shall register it in the patent register and send a Notice of Cancellation of Registration of Pledge of Patent Right to the parties concerned. The pledge is established at the time of registration with the State Intellectual Property Office. If one of the following circumstances is found to be a bridge attack after examination, the State Intellectual Property Office shall make a decision not to register and send a Notice of Non-registration of Patent Pledge to the parties:

    1) The pledgor is inconsistent with the patentee recorded in the patent register;

    2) the patent right has been terminated or declared invalid;

    3) The patent application has not yet been granted a patent right;

    4) The patent right is in the overdue period for the payment of annual fees;

    5) the patent right has been invalidated;

    6) Where a dispute arises over the ownership of the patent right or the people's court rules to take preservation measures against the confiscation of the patent right, and the pledge formalities of the patent right are suspended;

    7) The time limit for the debtor to perform the debt exceeds the validity period of the patent right;

    8) The pledge contract stipulates that when the pledgee has not been repaid at the expiration of the debt performance period, the patent right shall belong to the pledgee;

    9) The pledge contract does not comply with the provisions of Article 9 of these Measures;

    10) Where the joint patent right is pledged without the consent of all the co-owners;

    11) The patent right has been registered as a pledge and is in the period of pledge;

    12) Other circumstances that shall not be registered.

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