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1. Information to be provided for design patent application:
1. The six-sided view of the product (four-inch color photo) should be provided, the working state chart, the main, the rear, the left, the right, the pitch and the elevation view, each view should provide four identical views, and the proportion should be consistent. (The actual product can also be taken by us).
2. Sign the ** power of attorney in duplicate, and provide a copy of the applicant's certificate.
2. After paying the certificate fee, registration fee and annual fee for the first year according to the regulations, the "Patent Certificate" will be issued in about two months.
3. The term of protection of a design patent is 10 years from the filing date, and it will automatically become invalid after 10 years.
3. Fees. 1.Application fee: 500 official fee;
2.The annual patent fee for the year must be paid on time. Individuals can apply for an annual fee reduction on their behalf (for the first 3 years after grant).
V. Procedures. 1.Power of Attorney for Patents;
2.Technical disclosure of patent application;
3.Patent application contracts;
4.Patents, other supporting documents, etc.
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The materials required for the appearance patent application are: the patent application, the appearance view of the product and the documents that briefly describe the appearance. The submitted product appearance view needs to clearly show the appearance of the product, and if the application for protection of this color is applied, the applicant needs to submit the color**.
[Legal basis].
Article 27 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Xinqing Republic of China If the applicant requests protection of color, he shall submit color ** or **. The applicant shall submit the relevant ** or ** as to the content of each design product that needs to be protected. Article 15 Where an application for a patent is made in writing, the application documents shall be submitted in duplicate to the patent administration department.
Where a patent is applied for in other forms prescribed by the patent administration department, the prescribed requirements shall be met. If the applicant entrusts a patent institution to apply for a patent and handle other patent affairs with the patent administration department, it shall submit a power of attorney at the same time, indicating the authority of the entrustment. If there are two or more applicants and no patent ** institution has been retained, the first applicant specified in the request shall be the representative, unless otherwise stated in the request.
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1. If an application for an invention patent is made, the application documents shall include: the application for the invention patent, the abstract, the abstract drawings (if applicable), the description, the claims, and the drawings of the description (if applicable), each in duplicate. For an invention patent application involving an amino acid or nucleotide sequence, the sequence listing shall be included in the specification, the sequence listing shall be submitted as a separate part of the specification, and the page numbers shall be prepared consecutively with the description, and a CD-ROM or floppy disk containing the sequence listing shall also be submitted in accordance with the provisions of the State Intellectual Property Office.
2. If the application is for a utility model patent, the application documents shall include: the application for the utility model patent, the abstract, the abstract drawings (if applicable), the description, the claims, and the drawings of the description, each in duplicate. 3. If an application is made for a design patent, the application documents shall include:
The application for a design patent, ** or ** (if the color protection is claimed, the color ** or **) and a brief description of the design shall be submitted in duplicate. If ** is submitted, both copies should be **, and if ** is submitted, both copies should be **, and ** or ** should not be mixed.
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1. The materials required for the application of a design patent are as follows:
Materials required to apply for a design patent in the name of the unit:
1. Six views of patented products (main view, rear view, left view, right view, top view, bottom view, bottom view).
2. A copy or scanned copy of the business license (with official seal).
3. A copy or scanned copy of the organization's ** certificate (with official seal).
4. The order of patent inventors is arranged in order.
5. A copy or scanned copy of the ID card of the first inventor.
Documents required to apply for a design patent in the name of an individual:
1. Six views of patented products (main view, rear view, left view, right view, top view, bottom view, bottom view).
2. A copy of the applicant's ID card.
3. The order of patent inventors is arranged in order (the inventor and the applicant can be the same).
4. A copy or scanned copy of the ID card of the first inventor.
2. The application process for a design patent is as follows:
1. Application stage.
The documents that need to be submitted for a design patent application are: a design patent application, ** or **. If you are required to protect the color, you need to submit two copies if you are asked to submit the color ** or **.
When submitting, it should be all **; If you submit **, it is all **, and you must not mix ** or **. If you entrust an application from a patent** agency, you must also submit a power of attorney.
2. Review stage.
China implements a preliminary examination system for design patent applications. During the preliminary examination, the patent examiner mainly examines the formal issues, and will issue a notice of correction if it is necessary to make corrections. If the application documents are incorrect and need to be corrected, the applicant needs to make corrections to the notice, and the examiner will examine whether it falls within the scope of protection of the design patent, and if it does not fall within the scope of protection of the design patent, the examiner will issue a notice of reasons for refusal, and the applicant will reply to the notice of reasons for the reasons for action or modify the application documents.
3. Authorization stage.
After the preliminary examination is passed, the patent examiner will give the applicant a notice of grant of patent. After receiving the notice, the applicant can go through the corresponding registration procedures, including the payment of the patent registration fee, the annual fee of the year of grant, the printing fee of the publication and the stamp duty of the patent certificate.
4. Issue certificates.
After the applicant has gone through the registration formalities, he can obtain the patent certificate.
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There is a process for applying for a design patent: application, acceptance, preliminary examination, and grant of mold rights. According to the relevant laws and regulations, when applying for a design patent, the applicant shall submit the request, the description and its abstract and claims.
The patent administration department shall conduct a preliminary examination and publish it immediately if it meets the requirements. And the corresponding patent certificate will be issued, and it will be registered and announced at the same time.
Article 26 of the Patent Law, which came into effect on June 1, 2021, shall submit a request, a description and its abstract and claims. Rule 34 After receiving an application for a patent for invention, the patent administration department shall, after preliminary examination, find that it meets the requirements of this Law, and publish it immediately after 18 months from the date of application. The patent administration department may publish the application at an early date at the request of the applicant.
Article 40 Where no reason for rejection is found in an application for a patent for utility model or design after preliminary examination, the patent administration department shall make a decision to grant a patent for utility model or a design patent, issue a corresponding patent certificate, and register and publish it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.
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To apply for a design patent, the following application materials need to be submitted:
1. Application for design patent;
2. The applicant's own identification materials;
3. The design of the design of ** or **;
4. A brief description of the design.
[Legal basis].
Article 2 of the Patent Law of the People's Republic of China, which came into effect on June 1, 2021.
For the purposes of this Law, the term "invention-creation" refers to inventions, utility models and designs.
An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.
Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.
Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.
Article 27.
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.
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Legal analysis: According to the provisions of relevant laws and regulations, the applicant should submit a request for a design patent, a design or a brief description of the design. The relevant ** or ** submitted by the applicant should clearly indicate the design of the product for which the patent is applied for.
The detailed rules for the implementation of China's patent law clearly stipulate that if the applicant requests protection of color, the judgment shall be submitted in color** or **. The applicant should submit a ** or ** information about the content of each design product to be protected.
Legal basis: Article 27 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China Where the applicant requests protection of color, he or she shall submit a color ** or **. The applicant should submit a statement on the content of each design product that needs to be protected**or**mindfulness.
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. >>>More
The steps are as follows: 1. Prepare materials: If applying for a design patent, the application documents shall include: >>>More
According to the Patent Law, the examination and approval procedure for an invention patent application consists of five stages: acceptance, preliminary examination, publication, substantive examination and grant, while utility model and design applications do not undergo early publication and substantive examination, and there are only three stages. >>>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
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