Is it difficult to apply for a design patent overseas?

Look at what country it is, and then look at the shape of the product.

The application for a design patent is relatively simple, and the materials and processes required are as follows: 1. Materials required for a design patent application:

1. Materials of patent applicants: the company needs to provide a copy of the business license, a copy of the designer's ID card, contact ** and address; For individual applications, a copy of the applicant's and designer's ID cards, contact details** and addresses are provided.

3. Brief description of the design: The scope of protection of the design patent right shall be subject to the design of the product expressed in ** or **, and the brief description can be used to explain the design of the product represented by ** or **. The brief description of the design includes the name of the design, the product, the purpose, the main points of the design, etc.

4. **or** of the design: the submitted **or** can only be submitted in one form, if the ** is submitted, it shall be submitted in the form of **, and if it is submitted, it shall be submitted in the form of **, and if it is submitted in the form of CAD drawing, it shall be submitted in the form of ** or ** shall not be mixed together; If it is necessary to request the protection of color, the color ** or ** shall be submitted; If the product is designed to be protected on six sides, it is also necessary to provide a six-sided orthographic view (front, back, left, right, top, bottom) and stereogram.

5. Request and certificate for fee reduction;

6. Patent ** power of attorney: it needs to be provided if the agency is entrusted.

It refers to the exclusive right granted by the state to the applicant or his successor within the statutory time limit by the state. The patent right does not arise naturally when the invention is completed, but needs to be applied for by the applicant in accordance with the procedures prescribed by law and can only be obtained after examination and approval. In other words, patent rights can only be approved and granted by the patent administration department. For all inventions that have obtained patent rights, the patent administration department shall issue a patent certificate to the applicant and announce the relevant matters in the Patent Gazette.

A patent is a type of intellectual property and an intangible property. During the validity period, patent rights, like tangible property, can be exchanged, inherited, transferred, etc.

If you are too troublesome, you can ** the company early.

Applying for a patent can more effectively protect your product from being imitated by others. And patents have monopoly rights and can monopolize the market. Finally, the patent can also be licensed to others to obtain sufficient benefits.

Therefore, as long as there is a patented technology, it is necessary to apply for it as soon as possible to avoid being preemptively registered by others.

1. It does not belong to the existing design.

An existing design is a design that has been known to the public at home and abroad before the filing date.

2. No unit or individual has filed an application for the same design with the patent administration department before the application date, and it is recorded in the patent documents published after the application date.

3. The design for which a patent right is granted shall be clearly different from the existing design or a combination of features of the prior design.

4. The design for which the patent right is granted shall not conflict with the legal rights obtained by others before the filing date.

5. Beautiful.

A design patent refers to a new design that is aesthetically pleasing and suitable for industrial application made by the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of a product. A design refers to the design of an industrial product, that is, the design of an industrial product.

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 system of preliminary examination and correction for design patent applications. During the preliminary examination, the examiner will issue a notice of correction to the form of the application documents. The applicant made amendments to the notice.

At the same time, the examiner will examine whether it is a customer under the protection of a design patent, and if there is a customer that is not protected by a design patent, the examiner will issue a notice of reasons for reasons for action, and the applicant will reply to the notice of reasons for action 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.

a) Novelty.

The design for which a patent right is granted shall be different and not similar to the design that has been published in domestic or foreign publications or publicly used in China before the filing date. The design must be attached to a particular product, so "different" means not only that the shape, pattern, colour or combination thereof is not the same in the design itself, but also in the product in which the design scheme is adopted. "Dissimilarity" requires that the design for which the patent is applied cannot be a simple imitation of, or a slight alteration of, the shape, pattern, colour or combination thereof of an existing design.

Similar designs include the following situations: similar shapes, patterns, colors, and identical products; The shape, pattern, and color are the same, and the products are similar; The shapes, patterns, and colors are similar, and the products are also similar.

2) Practicality.

The design for which a patent is granted must be suitable for industrial application. This requires that the design itself, as well as the product as a carrier, be reproducible in an industrial way, i.e. be able to be mass-produced industrially.

3) Beautiful.

The design for which a patent is granted must be aesthetically pleasing. Aesthetics refers to the pleasant feeling of the design from the visual perception, and there is no necessary relationship with whether the product function is advanced. Aesthetic designs play an important role in expanding the marketability of products.

4) It must not conflict with the prior legal rights of others.

The prior rights here include trademark rights, copyrights, enterprise name rights, portrait rights, and the right to use the packaging and decoration of well-known products. "First-to-file" means that the design was obtained before the filing date or priority date of the design.

1. What is not a patent under the Patent Law.

According to the provisions of China's relevant air clearance laws, the matters that should not be granted patent rights include scientific discoveries; rules and methods of intellectual upright activity; Diagnosis and methods of the disease; animal and plant varieties, etc.

Patent Law of the People's Republic of China

Article 25 No patent shall be granted for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) substances obtained by the nuclear transformation method;

6) The design of the pattern, color or combination of the two of the graphic printed matter that mainly plays the role of identification.

A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.

1. Novelty: The novelty of a design is basically the same as the requirements for the novelty of an invention or utility model, which means that the design for which a patent is granted should be significantly different from an existing design or a combination of features of an existing design. The new patent law raises the substantive conditions for the grant of design patents, i.e., designs formed by imitation of existing designs or simple patchwork of features of existing designs are not granted.

In addition, the new patent law also stipulates that design patents shall not be granted for designs that mainly play the role of identification in the patterns, colors, or combinations of the two.

2. Practicability: The design is a new design that is aesthetically pleasing and suitable for industrial application made by the shape, pattern or combination of color and shape and pattern of the product, and it cannot exist independently from the industrial product, therefore, the design must be able to be applied in industry and have industrial practicability;

3. It shall not conflict with the prior legal rights of others: In practice, it sometimes happens that design patent applicants apply for patents for the subject matter of others' prior copyright or trademark rights without the consent of others, such as arts and crafts works and trademark logo designs. To this end, the Patent Law stipulates that the design for which a patent right is granted shall not conflict with the legal rights of another person that have been acquired before the filing date.

In addition, prior rights should be rights acquired before the filing date.

Legal basis: Ling ChunxunArticle 22 of the Patent Law of the People's Republic of China.

Inventions and utility models for which a patent is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date. Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the existing technical technology, and the utility model has substantial characteristics and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects. For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.