A brief description of what should be included in a design patent application

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.

1. The name of the design product. The name of the product in the brief description should be the same as the name of the product 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. Key points of the design design.

Design essentials refer to the shape, pattern, and combination of products that are different from existing designs, or the combination of colors and shapes, patterns, or parts. The description of the main points of the design should be concise and to the point. Fourth, designate a ** or ** that can best indicate the main points of the design.

Designated ** or ** for the publication of the Patent Gazette.

A brief description is a brief explanation and supplement to a design drawing or **. There shall be no commercial promotional language, nor shall it be used to describe the purpose and performance of the product. The brief description should be concise and easy to understand. A brief explanation shall be provided in any of the following cases:

1. Omit the view: When the design product is symmetrical left and right, up and down, and front and back, one view can be omitted, but it should be explained in language, such as "the left view and the right view are symmetrical, and the right view is omitted". In addition, the view can also be omitted if the product is not part of the creative part, for example, "The bottom of the product is not part of the creative part, the bottom view is omitted".

2. Highlight the main creative partsIn the case that the design is relatively complex and the existing design part and the innovative part are not easy to be noticed, the main creation or design points can be written to strengthen patent protection. For example, the design of the table lamp only involves the innovation of the lampshade, and the other parts are existing designs and should be explained.

3. Content that is difficult to express in the supplementary drawing or **: If the appearance or part of the appearance of the product is made of transparent materials and cannot express "transparent" in the drawing, the marking line can be drawn out in the ** or ** transparent part, and the a, b, etc. are marked in the brief description.

4. When the figure or ** only shows a part of the product: longer products, such as profiles, I-beams, etc., can draw a length, and explain the full length and length-width ratio of the product in a brief description. Some textiles, such as carpets, can be omitted, and only local patterns and patterns need to be drawn, but their length and width should be stated in a brief description.

5. When the effect of the design product is related to the special material manufactured, the material shall be indicated in the brief description.

6. For the design products that need to protect the color, in addition to providing two sets of color and black pictures or **, the color that should be protected by the product should also be stated in the brief description.

7. Newly developed products, especially those that are not yet available in the design classification table, shall indicate the method and purpose of use of the product in the brief description, so as to clarify the protection category and the supplementary classification table of the patent office.

The information to be provided for an application for a design patent includes: a written request, a brief description of the design, etc. and the relevant ** or ** submitted shall clearly show the design of the product for which patent protection is claimed.

1. What is the scope of protection of design for filial piety and silver profits?

Since there are no claims and no description in the design patent application document, only ** or ** indicating the design. Therefore, the scope of protection of the design patent right is based on the design patent product expressed in ** or **, which is stipulated in paragraph 2 of Article 56 of the Patent Law of China. The design product refers to the product designated by the applicant to use the design at the time of application, and the product itself is not protected by patent law.

The scope of design patent protection is the design that is represented in ** or **. No person shall imitate the design when manufacturing a product identical to the above-mentioned designated product. The so-called imitation includes not only the imitation of the same, but also the imitation in substance, that is, the part of the imitation design that has novelty and originality.

If there is only a slight difference between the two and anyone who sees that they are similar designs, it can be determined that the former imitates the patented design, that is, the former infringes the scope of protection of the latter. As for the method by which the imitation was manufactured, this determination is not affected. The scope of design patent protection is related to the product to be used specified at the time of patent application.

Countries where designs are registered usually have a classification of products in which the design is used, requiring the applicant to declare which types of products the design is used for. The product classification table has a certain effect in determining the scope of protection of a design patent.

2. How much does it cost to apply for a design patent?

The fees for applying for a design patent include the application fee, the application surcharge, and the publication and printing fee; Patent registration fees, publication printing fees, annual fees and other fees shall be paid in accordance with the standards formulated by the ***** management department and the financial department in conjunction with the patent administration department.

Applying for a design patent is the same as applying for a patent for invention and a utility model, but in addition to filing a request containing a design patent, the following matters should be noted:

a) The design shall be submitted **or**, which shall not be less than 3 cm 8 cm and shall not be greater than 15 cm 22 cm. At the same time, a design patent application that is requested to contain color shall be submitted in color** or ** in duplicate.

2) Unlike an invention or utility model, it is not necessary to submit a description, claims, etc. to apply for a design patent. However, "where an application is made for a design patent, a brief description of the design shall be stated if necessary". The brief description shall state the main points of the design of the product, the color included in the request, the omitted view, etc.

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

3) The name of the product in respect of the designThe product name of the design shall briefly and accurately indicate the product for which protection is sought. The name should be 1-7 words, and should not exceed 15 words. The product name should meet the following requirements.

1) The name of the product shall generally conform to the name in the International Design Classification.

2) The product name should be consistent with the content of the design, for example, the product name of the display should not be written as "TV".

3) The following names should be avoided:

i) Contains the name of a person, place, company, trademark, code, model or the name of the product named after the historical era, such as the product name should not be "Kodi brand display";

ii) General, abstract names, e.g., "stationery", "cooking utensils", "musical instruments", "building objects", etc.

iii) Names with construction, function, or effect, e.g., "fuel-efficient engine", "human body height-enhancing insole", etc.;

iv) Attach the name of the product specification and quantity unit, such as "21-inch color TV", "one pair of gloves", "one pair of chopsticks", etc. For example, the product name of the monitor should not be written as "21-inch monitor";

v) The name of the product named after the shape or color of the product, e.g., "red coat", "prismatic ruler", etc., and the product name of the display should not be written as "red display";

vi) omitted spellings, e.g. "chessboard" cannot be written as "chess", "toy car" cannot be written as "car", etc.;

vii) a name in a foreign language;

viii) the name with the design attached, e.g. "school bag" as "school bag with panda motif", or the name of an animal or plant motif. For example, the display product name should not be written as "slim monitor with red buttons".

4) The applicant shall indicate the class to which the product belongs, and the applicant shall indicate in column 14 of the application for a design patent, the class to which the product belongs, i.e., the category of the product in the International Design Classification. If the applicant is not clear about the category to which the product belongs, the technical field or place of use may be indicated. In order to facilitate the classifier to determine the accurate classification number of the product, it is conducive to the protection of design patent rights.

Legal analysis: 1. The design patent application should be buried carefully, ** or **, and two copies of each copy of the friend key; 2. If the color protection is requested, the color ** or ** in duplicate shall also be submitted.

Legal basis: Article 27 of the Patent Law of the People's Republic of China Where an application for a design patent is made, a request shall be submitted, such as a written request, a brief description of the design, and other documents.

The applicant submits a request for the design of the product for which the patent protection is claimed.

The application for a design patent shall be submitted ** or **. or the design of the product for which patent protection is claimed should be clearly displayed. The applicant shall submit a design patent application for protection of color ** or **.

1. As far as the appearance design of a three-dimensional product is concerned, if the main points of the product design involve six sides, the six-sided orthographic projection view shall be submitted.

2. If necessary, the applicant shall also submit drawings, cross-sectional views, cross-sectional drawings, enlarged drawings and change state diagrams of the pure product of the design.

3. Colors include black, white and gray series and color series. For a design patent application in which the brief description states that the color for protection is claimed, the color of ** should be firmly colored and not easily faded.

4. The view name of the six-sided orthographic view refers to the main view, the rear view, the left view, the right view, the top view and the bottom view. The view name of each view should be marked directly below the corresponding view. Among them, the main view should correspond to the face that is usually oriented towards the consumer when used, or the surface that reflects the overall design of the product to the greatest extent.

For example, the main view of a cup with a cup handle should be the view of the cup handle on the side.

5. Requirements for **:

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

**The background should be single, and no other content than the design product should be avoided.

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

**Li Zaoma should avoid the expression of the design of the product due to strong light, reflection, shadow, reflection, etc.

** The inclusion of contents or foils should generally be avoided, but it is permissible to retain the contents or foils when the contents or foils must be relied on to clearly display the design of the product.

1. How long does it take to apply for a design patent?

After the applicant submits the application, it will enter the three stages of acceptance, examination and authorization to issue the certificate, which will take about 1 to 2 years. Among them, it will enter the acceptance stage in about 1 to 2 months, and enter the authorization stage within 6 to 8 months through the review. The term of protection after the grant of a design patent is 10 years, and a certain amount of fees need to be submitted every year to maintain the patent right.