How much do Amazon sellers know about European and American design patent applications?

Cotton farmers are unconsciously swollen.

R&B Intellectual Property tells you what you need to submit for a design patent:

1.Information required for a U.S. design patent application:

Applicant's name, address, postcode, identity card or passport;

Designer's declaration;

Proof of priority (if required).

2.Information required for a European design patent application:

Information of the company applying for the patent, including the full name of the company in English or pinyin, the company's English address and **fax mailbox, etc.;

Product information for which the patent is to be registered, as well as six views;

Multiple products under the same patent class can be included in a single application, which is cheaper than filing separately;

In order to claim the existence of a priority right of national registration, a copy of the official certificate of the priority design that has been registered in the country and the corresponding English or French translation is required. Such documents can be submitted within three months from the date of application.

3.Examination time and validity period of design patent.

U.S. Design Patents: 1-2 years for grant; The design patent is valid for 15 years from the date of grant of the patent; There is no annual fee after that.

European Design Patents: The time required for grant is 3-4 months, and the term of protection is 25 years.

Frequently asked questions when applying for a design patent.

1.What is the process of applying for a patent?

Answer: whether the patent can be searched - sign a confidentiality agreement - sort out the technical disclosure - sign the ** entrustment agreement - write the application materials and confirm - submit for acceptance - patent examination - patent authorization payment - receive certificate - annual fee monitoring.

EU Design Patent Application Process:

Application process: 2-4 weeks after the application is officially acknowledged, and there is an acceptance number.

The appearance of the EU is based on the Eurolocarno classification.

Examination: The European Union Trademark Office examines an application on only two grounds of absolute refusal: (i) whether the main object meets the definition of a design; and (ii) whether the design is contrary to public order and morals.

Publication grace period: A 12-month publication grace period can be provided, allowing the design designer to verify the likelihood of commercial success before proceeding with registration.

Postponement of publication: If the applicant is unwilling to publish the design immediately, it may request a postponement of publication. Late publication can be delayed for up to 30 months.

If the application wishes to cancel the extension, it may request publication of the design at any time, but if it chooses to publish from start to finish, the registration will lapse after 30 months. In general, it is necessary to apply for publication by the 27th month at the latest. (If the application is delayed, there will be an additional fee).

Duration of protection: EU designs are protected for a period of 5 years from the filing date and can be renewed four times for a maximum of 25 years.

The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.

1. Premise for judgment: Determine whether the alleged infringing product and the patented product belong to the same kind of product, and cannot be compared if it does not belong to the same kind of product. The determination of similar products is not only based on the International Design Classification Table, but also on the basis of the classification standards of general goods.

When considering the scope of protection of a design and determining whether a patent is infringing, it is necessary to pay attention to whether the alleged infringing product and the patented design product will actually be confused in the market.

2. Judgment scale: It shall be subject to the vision and cognitive level of ordinary consumers, and shall not be subject to the aesthetic observation ability of professional and technical personnel in the field to which the design patent belongs. The overall shape is the same, and the visual effect is the same; Local microscopic inconsistencies, different details that will not be noticed from the perspective of consumers are not similarly compared.

3. Comparison object: Compare the infringing object with the shape, pattern and color displayed in the patent or **, and compare whether the two are the same or similar, if the conclusion is yes, the infringement is established. If the conclusion is no, it does not constitute infringement.

4. Judgment method: overall observation, comprehensive judgment, and highlighting the key parts.

5. Comparison of use status: for products with changing states, that is, products with different shapes when sold and used. For example, folding furniture (to determine the shape of the use state), wall-mounted mailbox (to determine the "important part").

Identical or similar determinations:

1) If the shape, pattern, color and other main design parts (important parts) of the two are the same, they shall be considered to be the same design;

2) if the main design parts (important parts) of the constituent elements are the same or similar to each other, but the secondary parts are not the same, they shall be regarded as similar designs;

3) If the main parts (essential parts) of the two designs are not the same or not similar, they shall be considered to be indifferent or dissimilar designs.

To apply for a European or American design patent, you can apply through the Paris Convention (you must be a member of the Paris Convention), or directly submit the application to the intended country or region in Europe or the United States, and if the intended country or region is a member of the European Patent Convention, you can also obtain the ownership of the European and American design patent by filing an application with the European Patent Office. A design patent cannot be obtained through a PCT application.

Details are as follows:

1. Paris Convention approach.

The vast majority of countries in the world are members of the Paris Convention, and according to the priority provisions of the Paris Convention, after filing an invention or utility model application in any member state, it can enjoy the priority of 12 months when filing an application with other member states, and 6 months for a design application. Any disclosure or use of the application during this period shall not affect the novelty of the application. Since China is a member of the Paris Convention, Chinese applicants can take advantage of the provisions on priority of the Paris Convention to claim priority when applying for a patent abroad.

2. Separate country applications (i.e., direct patent applications to a single country).

Applying for a patent in a single country means that the applicant directly applies for a patent in a foreign country or region according to the relevant legal systems of different countries, the procedures for applying for patents, the information to be provided, the application fees, etc., and the receiving unit is the intellectual property office or department of a specific country or region.

In addition, some countries or regions are not members of the Paris Convention or the PCT, and can only file patent applications in accordance with the requirements of their national laws, such as Taiwan is not a member of the PCT, and Chinese mainland and Taiwan do not support the right of priority.

3. European patent application.

Convention on the Granting of European Patents, signed in Munich on October 5, 1973 and entered into force on October 7, 1977. The European Patent Convention establishes the European patent system with the aim of strengthening cooperation between European countries in the field of industrial property in order to obtain patent protection in several or all of the Contracting States through a single grant procedure. The European Patent Office (EPO) was established in 1977 under the European Patent Convention (EPC) with the mandate to provide patent protection to the Member States of the European Patent Organization (EPO) on the basis of separate patent applications and the unitary patent grant procedure, enabling patents to be protected in one, several or all of the Contracting States.

If the applicant wishes to apply for a patent in more than three European regions or countries, it will be faster and more economical to apply through this Treaty than to file an application in each Contracting State one by one.

In additionAccording to the Patent Law of the People's Republic of China, if an invention-creation completed in China is applied for a patent abroad, it shall first apply for a patent in China. When applying for a patent abroad, it is necessary to entrust an institution with foreign-related patent qualification to go through the relevant procedures.

It's the same as the normal application process.

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