Design patent application 10, appearance patent application

(1) Principles of Granting Patents: According to the basic principles of the Patent Law, only one patent can be granted for the same invention.

When there are two or more separate patent applications for the same invention, there are two principles of treatment: one is the first-to-invent principle and the other is the first-to-file principle. The principle of first invention means that if two or more persons file separate patent applications for the same invention, the patent right should be granted to the person who made the invention first, regardless of the time when the patent application was filed.

However, due to the many practical difficulties often encountered in determining who is the earlier inventor in adopting this principle, only a few countries in the world, such as the United States, Canada and the Philippines, have adopted this principle of patent application. The so-called first-to-file principle refers to the principle of when there are more than two...

The scope of protection of the design patent refers to the new design of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern of the product, which is aesthetically pleasing and suitable for industrial application (only the design scheme of the shape, surface pattern and color of the product is protected, and the term of protection is 10 years). The basic process is: application, review, authorization, and issuance of certificate.

Documents and information required for application:

1. Fill in the Patent Information Form

1. Specify the type of patent applied for (utility model);

2. The applicant's name, address, zip code, and nationality (if the applicant is a natural person, provide the ID number of the first applicant; If the applicant is an enterprise or legal entity, the first applicant enterprise shall be provided**);

3. Name, address and nationality of the inventor or designer (the inventor or designer shall be a natural person);

4. If priority is desired, the application country, application date and application number of priority shall be provided;

5. Other requirements of the applicant for the application.

2. "Patent ** Power of Attorney".

Signed and sealed by all applicants (if the applicant is a natural person, he or she must sign in person; If the applicant is an enterprise or legal entity, the official seal shall be affixed).

Application documents for invention patents.

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 submit the **or** (i.e., main view, back view, left view, right view, top view, bottom view, vertical view, etc.) and three-dimensional view that meet the requirements, if the view is symmetrical, you can omit a view, but it needs to be explained in words;

4. A brief description should indicate the main creative parts, whether the color is protected and the view is omitted, and the design that requires the protection of the color is required, and submit two copies of color and black and white ** or ** at the same time;

5. The proportion of the view size in the above ** or ** should be consistent, and the size of ** or ** should be between 3cm 8cm and 15cm 22cm; **or** the background shall be monochrome and the background shall not contain other articles or designs unrelated to the design;

6. If priority is claimed, a copy of the priority document shall be provided.

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 it is necessary to explain ** or **, a brief description of the design group shall be submitted.

If the patent ** institution is entrusted, the car cong shall submit a power of attorney. If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

Legal basis: Article 40 of the Patent Law of the People's Republic of China If no reason for rejection is found in the application for a utility model or design patent after preliminary examination, the patent administration department shall make a decision to grant the utility model patent or design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

The process of applying for a design patent is: 1. In the application stage, provide the design patent application, ** and other materials; 2. In the examination stage, the examiner issues a notice of amendment for the formal issues in the application documents, and the applicant makes a correction for the notice; 3. At the grant stage, the examiner will issue a notice of grant of patent right, and the applicant will go through the registration procedures and issue a certificate.

1. How to apply for a design patent.

1. The process of applying for a design patent is:

1) In the application stage, the draft provides information such as the application for design patent, **, etc.;

2) In the examination stage, the examiner issues a notice of correction for the form of the application documents, and the applicant makes a correction for the notice;

3. At the grant stage, the examiner will issue a notice of grant of patent right, and the applicant will go through the registration procedures and issue a certificate.

2. Legal basis: Article 40 of the Patent Law of the People's Republic of China.

If no reason for rejection is found in the preliminary examination of the application for utility model and design patent, the patent administration department shall make a decision to grant the utility model patent right or the design patent, issue the corresponding patent certificate, and register and announce it at the same time. The utility model patent right and the design patent right shall take effect from the date of publication.

2. What materials are required to apply for a design patent?

The following materials are required to apply for a design patent:

1. The applicant's identity certificate and the name of the designer;

2. Application for design patent;

3. **or**, in duplicate each;

4. If the color protection is required, the color ** or ** in duplicate shall also be submitted;

5. What you want is a six-sided view of this product, and a three-dimensional diagram; **There can be no shadows or dotted lines on it;

6. Regardless of whether the submission is ** or **, each view must be a positive view.

Legal Analysis: The application process for a design patent is as follows:

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 for escort response documents is incorrect and needs to be corrected, the applicant needs to make corrections to the notice, and at the same time, 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 reasons for office 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 rights. 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.

Legal basis: Patent Law of the People's Republic of China

Article 27 Where an application for a design patent is made, a written request, a brief description of the design and other documents shall be submitted. The applicant submits a request for the design of the product for which the patent protection is claimed.

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.