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A design patent is a type of patent, which refers to a new design made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of a product, which is aesthetically pleasing and suitable for industrial application. A design refers to the design of an industrial product, that is, the design of an industrial product. So what are the documents required to apply for a design patent?
What are the documents required to apply for a design patent? What are the documents required to apply for a design patent? 1. The applicant's identity certificate (a copy of the ID card for individual applications, and a copy of the copy of the business license for company applications); Name of the designer (the designer can be the applicant, but the designer must be a natural person); 2. Six-sided view and three-dimensional drawing of the design product (can be **, or two-dimensional or three-dimensional CAD drawing); Note:
The six-sided view refers to the front, back, left, right, bottom, and top view of the product. If necessary, submit cross-sectional views, cross-sectional drawings, and usage status reference drawings. Characteristics of the design patentThe design patent refers to the new design that is aesthetically pleasing and suitable for industrial application made by the combination of the shape, pattern or combination of color and shape and pattern of the product, and it is the design of the industrial product, that is, the design of the industrial product.
A design is completely different from an invention or utility model, i.e. a design is not a technical solution. What are the documents required to apply for a design patent? If you have more questions about design patents, you can continue to pay attention to Bajie intellectual property rights, or contact us.
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The documents to be submitted to apply for a design patent are: the application for a design patent, the design or the design in duplicate, preferably in a unified submission or a mixed submission.
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a.Application Materials.
1. Specify the type of patent applied for (design);
2. Name, address and nationality of the applicant (the applicant can be a natural person, enterprise or other legal entity);
3. Name, address and nationality of the inventor or designer (the inventor or designer shall be a natural person);
4. If priority is claimed, the country of application, the date of application and the application number of priority shall be provided;
5. Other requirements of the applicant for the application.
b.Power of attorney.
The power of attorney shall be signed or signed by the applicant brigade and limb carrier (the seal shall be stamped if the unit applies).
c.Documents relating to the design.
1. ** or ** of the design (in 4 copies);
2. Specify the name of the product using the design and the category to which it belongs;
3. ** or ** refers to the orthographic six-sided view and three-dimensional view of the applied design product, if the view is symmetrical, one view can be omitted;
4. Briefly explain the main creative parts, whether the color is protected and the view is omitted;
5. For designs that require color protection, it is best to submit two copies of color and black and white ** or ** of the letter at the same time;
6. If priority is claimed, a copy of the priority document shall be provided.
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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.
Legal basis: Article 23 of the Patent Law of the People's Republic of China The design for which a patent right is granted shall not belong to the existing design; Nor has any unit or individual filed an application for the same pure design with the patent administration department before the filing date, and it is recorded in the patent documents published after the filing date. The design for which a patent is granted shall be distinctly different from the prior design or a combination of features of the prior design.
The design for which a patent is granted must not conflict with the legal rights of another person who have already acquired before the filing date. For the purposes of this Law, the term "existing design" refers to a design that has been known to the public at home and abroad before the filing date.
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The documents to be submitted for a design patent application, the extraordinary intellectual property ****** answer for you: design patent application process 1. Concept:
Exterior design Sakura punch patent: A new design of the shape, pattern, color or combination thereof of a product that is aesthetically pleasing and suitable for industrial application. A new design can be a graphic design of lines, patterns, or colors, or it can be a three-dimensional shape of a product.
2. Information required for design patent application: 1. Six-sided view of the product (four-inch color photo), working state chart, main, rear, left, right, pitch and elevation views should be provided, and each view should provide four identical views, and the proportion should be consistent. (The physical object can also be taken by us) 2. Sign the ** power of attorney in duplicate, and provide a copy of the applicant's certificate.
3. Time: 1. The "Notice of Authorization" from the Patent Office shall be received in about 9 to 10 months from the date of application for a design patent. 2. After paying the certificate fee, registration fee and the 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 unlimited: 10 years from the filing date, and it will automatically become invalid after 10 years. 4. Authorities accepting patent applications:
The State Intellectual Property Office is the only authority in China that has the right to accept patent applications. Documents can be sent directly to the State Intellectual Property Office, or they can be entrusted to local ** institutions to handle it. Five.
Procedure 1Patent Power of Attorney 2Patent Application Technical Disclosure 3
Patent Application Contract 4Patents, other supporting documents, etc.
VI. The Main Process of Patent Application: Application Process for Designs and Utility Models: Application Process for > Preliminary Examination > Application Process for Granting Patent Rights, Application for Invention Patent, Application for > Preliminary Examination, > Disclosure, Substantive Examination of > Ridge Prudence, and Substantive Examination > Grant of Patent Rights.
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The documents for applying for a design patent include:
The design patent application is in duplicate, and the drawings are in duplicate. If the color protection is requested, the color ** or ** in duplicate shall also be submitted. Both copies of the submission are **, and both copies of the submission are **, and ** and ** may not be mixed.
If a description is required for ** or **, a brief description of the design shall be submitted in duplicate.
Article 27 of the Patent Law of the People's Republic of China stipulates that an application for a design patent shall be submitted with a written request, a brief description 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.
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According to Article 27 of the Patent Law, if you apply for a design patent, you shall submit a request, the ** or the winner of the design**, and a brief description of the design.
The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The design submitted by the applicant should clearly show 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 stipulates that a brief description of the design shall state the name and purpose of the product in the form of the design, 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.
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Which one needs to be prepared for the design patent application of the appearance state auction banquet: 1. The appearance patent application disclosure (including the required appearance patent points, and the appearance protection point is fanyin) 2. Before writing the appearance patent application disclosure, it is necessary to prepare the screenshot of the appearance of the product that needs to be applied for a patent, and determine the main appearance protection points.
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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.
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