Legal analysis: 1. Submission stage. When all the materials are ready, go to the Patent Office to submit a design patent application; you can also entrust a professional agency to help submit the application.
2. Acceptance stage. Under normal circumstances, after submitting a request, the Patent Office will issue a patent acceptance notice in about 1-2 days. Moreover, when the Patent Office issues a patent acceptance notice, an acceptance number has been issued, and the acceptance number will be the future one. Patent number.
3. Inspection stage. The Patent Office will conduct an initial inspection of the request and check the novelty of the design patent.
4. Authorization stage. After the initial inspection finds no problems, the Patent Office will issue an authorization letter. You need to pay a licensing fee. After payment (the licensing fee is usually 295 yuan, if no exemption is applied for, it will be higher, more than 800 yuan), the patent will enter the next announcement stage.
5. Certification stage. After paying the fee, the Patent Office will organize typesetting and printing, issue the certificate and mail the certificate. At this time, the design technology patent officially enjoys patent rights, and the patented product symbol can be marked on the product (when marking patented products, remember to Mark in accordance with relevant standards, and keep in mind any irregularities that will result in fines if caught.
6. In the maintenance stage, annual fees are required to maintain the validity of the patent. The general period is 10 years, and the annual fee is required. In other words, the price is 90 yuan per year for the first three years, and it will become more and more expensive after that. You need to determine whether you need to continue to renew based on the market cycle of this product. If there is no market cycle, you don’t need to renew.
Legal basis: "Patent Law of the People's Republic of China"
Article 2 "Inventions and creations" as mentioned in this Law refer to inventions, utility models and designs, and refer to products and methods. Or a new technical solution proposed for its improvement. Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. Appearance design refers to the overall or partial shape of the product. , patterns, or their combinations, as well as new designs that are aesthetically pleasing and suitable for industrial application, as well as the combination of colors, shapes, and patterns.
Article 26 To apply for an invention or utility model patent, a request must be submitted. 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. A clear and complete description shall be subject to the ability of a person skilled in the technical field to implement it; when necessary, there shall be accompanying drawings. The abstract shall briefly describe the technical points of the invention or utility model, and the claims shall be clear and based on the description. Briefly limit the scope of patent protection required. For inventions based on genetic resources, the applicant should state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant should state the reasons.