Patents have a certain period of protection, that is, after being successfully authorized by the relevant departments, they will be protected for a certain period of time. So many people don't know much about the protection period of Shanghai design patents, and they don't know how long it will be. 1. How many years is the protection period of the design patent? The term of protection of design patents in China is 15 years. In the design applied for in 1993, the patent right was obtained and the protection period of the patent right reached less than 10% of10 years. Most people apply for patents only to obtain patent certificates, so as to obtain professional titles, taxes and other benefits. Therefore, after obtaining the patent right, we do not have the consciousness of applying the patent to industrial production, and many patents lose their patents because of the patentee. Some patentees only want to obtain short-term commercial benefits, and do not take it as their own brand products to occupy the market for a long time. For some powerful and strategic enterprises, it is hoped that their products can occupy the market for a long time and get effective legal protection. For them, the protection period of 10 years is relatively short. For designs, the protection period is different in different countries' laws: the protection period of Japanese designs is from the date of approval of registration 15 years; In Germany, the protection period is 20 years from the date of application; In Britain, the protection period is 5 years from the date of registration, which can be extended for 4 times for 5 years each time; In the United States, the protection period is 14 years from the date of issuance of the certificate; In France, the protection period is 25 years from the date of application, which can be extended for another 25 years after the registrant declares. It can be seen that the protection period of design patents in China is relatively short compared with developed countries. Two. Shanghai Patent Application Process (1) There are specific requirements for filling and writing patent application documents. The applicant can fill in or write by himself, or entrust a patent agency to handle it on his behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience. (II) Acceptance of Patent Application After receiving the patent application, the Patent Office's acceptance office or the patent office's agency shall determine the application date, give the application number and issue a notice of acceptance for the application that meets the acceptance conditions. (a) whether the application for a patent for design has the documents stipulated in Article 27 of the Patent Law and other necessary documents, and whether these documents conform to the prescribed format; (2) If the applicant entrusts a patent agency to apply for a patent, whether there is a power of attorney; (3) Whether a foreign applicant who has no habitual residence or business office in China does not conform to the provisions of Article 18 of the Patent Law and is not qualified to file a patent application in China; (4) Whether a foreign applicant who has no habitual residence or business office in China entrusts the State Council or the State Council to authorize a foreign-related patent agency designated by the Patent Office to handle his patent application and other patent affairs; (5) Whether the patent application fee has been paid; (6) Whether the patent application obviously violates national laws, ethics and public interests; (seven) whether the patent application meets the requirements of singularity; (eight) whether the applicant's modification of his application documents is obviously beyond the scope of the original picture or photo; (9) According to the third paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, whether the theme of the patent application obviously does not belong to the design referred to in the Patent Law; (10) Whether it meets the requirement that only one patent can be granted for the same design; (eleven) according to the provisions of Article 9 of the Patent Law, whether it belongs to the first applicant. Through research, we have a clear understanding of how many years the patent protection period of Shanghai design is. According to the relevant procedures, the protection period of design patents is generally 15 years, after which we can reapply.
Application for patent for design Shanghai patent application for patent for design