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The specific process is: submit the application documents (including the design application, the design ** goods or **, and the brief description of the design), receive the notice of patent acceptance, pay the patent application fee, reply to the amendment (may not need to reply to the amendment), pay the patent annuity fee and stamp duty, and receive the patent certificate.
Nowadays, patent applications are generally filed electronically, and you can either file them through the Patent e-Filing Network or use the Patent Offline Electronic Client (CPC).
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The application process for a design patent is as follows: application - acceptance - preliminary examination - authorization.
The patent administration department shall conduct a preliminary examination and publish it immediately if it meets the requirements. The corresponding patent certificate will be issued, and it will be registered and announced at the same time.
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The process of applying for a design patent: patent application acceptance, preliminary examination, announcement, authorization.
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1. Application. The applicant shall submit documents such as a written request, ** or ** of the design, and a brief description of the design;
2. Acceptance; 3. Review. Only a preliminary examination is required;
4. Grant of patent rights.
[Legal basis].
Article 27 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.
Where an application for a design patent is made, a written request, a brief description of the design and a brief description of the design shall be submitted.
The applicant submits a request for the design of the product for which the patent protection is claimed.
Article 34.
After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.
Article 40. If no reason for rejection is found in the preliminary examination of the application for utility model and design patent, 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 type patent right and the design patent right shall take effect from the date of publication.
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Legal Analysis: The design patent application process is divided into three stages: application, examination and grant. The application stage refers to the preparation of the application documents required by the Patent Law and submission to the Patent Office.
The Patent Office examines the design application documents in accordance with laws and regulations. If the conditions for granting a patent are not met, the applicant shall be notified to grant the authorization. The parties pay the patent registration fee, the stamp duty and the annual fee for the year of grant, and then the patent office issues the patent certificate.
Legal basis: Patent Law of the People's Republic of China Article 35 Within three years from the filing date of an application for an invention patent, the patent administration department may, according to the request of the applicant at any time, conduct a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
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Steps in the design patent application process.
1. Application stage.
To apply for a design patent, the patent application documents shall include: 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 all 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.
2. 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.
3. Authorization stage.
1) 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.
2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2-3 months.
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What is the design patent application process? In real affairs, it is common to apply for a profession, and a patent application is a measure to protect the reputation of a professional inventor, and the patent can only be used by the applicant, and the consent of the applicant must be obtained for others to use it.
What is the process of applying for a design patent?
1. Fill in and write the application documents for the appearance patent.
There are specific requirements for filling in and drafting patent application documents, and the applicant can fill in or write it by himself, or he can entrust the patent ** agency to handle it on his behalf. Although the entrustment of a patent** is not mandatory, considering the importance of carefully drafting the patent application documents and the legal rigor of the approval process, it is worth advocating for applicants with little experience.
2. Acceptance of appearance patent application.
After receiving a patent application from the Reception Office of the Patent Office or the representative office of each Patent Office, the filing date will be determined, the application number will be given, and a notice of acceptance will be issued for the application that meets the acceptance conditions.
3. Payment of application fee for design patent.
If the patent application documents are submitted in person, the application fee may be paid after obtaining the notice of acceptance and the notice of payment of the application fee. If the application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee, because the corresponding application number shall be indicated for the payment of the application fee, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.
4. Patent examination and approval procedures.
According to the Patent Law, the examination and approval procedure for a design patent application consists of three stages: acceptance, preliminary examination and grant.
Suzhou design patent application, design patent application, patent 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? >>>More
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. >>>More
Hello, the application for a design patent is generally 1 2 weeks to issue the "Notice of Acceptance", about 1 month to issue the notice of grant of the design patent, about 6 months to issue the design patent certificate Thank you.
There are three types of patent applications in China, namely utility model patents, invention patents and design patents. What should be included in a brief description of a design patent application. >>>More
Of course, you can, and it is recommended that you apply as soon as possible, without waiting for things to be made, as long as your application documents are written "like a thing", it is better to find a professional patent person to consult, there is no need to save this thousands of dollars.