How to apply for a patent for original pictures
In fact, pictures cannot be patented. my country’s patent protection is based on the premise that it can be used in industrial production. Only pictures cannot be applied for patents. Ability to apply for patents. If you want to apply for a patent, you can apply for a design patent with a picture-designed package and a product as a carrier. Otherwise, you can only apply for copyright protection.
If you want to apply for a design patent, the materials required for the design patent application are:
1. The design patent application requires photos or pictures of the design, but It should be noted that the photo should be clear to avoid the appearance design of the product not being clearly displayed due to focus and other reasons.
2. The photo background should be single and avoid content other than the design product. There should be an appropriate brightness difference between the product and the background to clearly show the appearance design of the product.
3. Photos should usually be taken according to the rules of orthographic projection to avoid distortion caused by perspective that affects the expression of the product's appearance design.
4. Photos should avoid strong light, reflection, shadow, reflection, etc. that affect the expression of the product's appearance design.
5. The products in the photos should generally avoid containing interior contents or foils. However, when the appearance design of the product must be clearly displayed by relying on interior contents or foils, the interior contents or foils are allowed to be retained. .
No application for copyright protection is required for image copyright protection. It is automatically protected by copyright law from the date of creation. However, in order to protect the legitimate rights and interests of authors or other copyright owners and users of works, to help resolve copyright disputes caused by copyright ownership, and to provide preliminary evidence for resolving copyright disputes, the country has established a voluntary work copyright protection system on how to apply for image copyright protection. Registration system, copyright owners can register the copyright of their works with the China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). Our country adopts the principle of automatic acquisition on how to apply for image copyright protection. Works are created voluntarily from the date of completion of creation. Registration of works is not a necessary procedure for copyright acquisition. Registration of works is voluntary. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. Therefore, works without copyright markings are still protected by copyright. How to apply for picture copyright protection?
(1) Pictures are works of art under copyright law and are subject to copyright law protection. You can register the copyright of your own designed pictures at the provincial copyright bureau in the jurisdiction where your ID card is located. Once you discover that others have used your work without permission:
(1) If the work has been copied, you can file an administrative complaint with the Provincial Copyright Bureau and request administrative protection;
(2) If the work has been copied If you are plagiarized, you can file a civil lawsuit in the People's Court to safeguard your legal rights.
(2) If you download other people’s copyrighted pictures from the website for commercial use without permission, you will be subject to civil liability such as compensation; if you harm the interests of the public, you will be subject to administrative liability; if the circumstances are serious, , and also bear criminal responsibility. How to prove that you own the copyright of a work? Signing the work is the most direct way. In addition, you can obtain a "Work Copyright Certificate" through copyright registration or submit the manuscript of the work for which the copyright is claimed, a certificate issued by a certification agency, a contract for obtaining rights, etc. If it is verified to be true, it is presumed that he is the copyright owner.
(1) Software copyright registration application fee, 250 yuan/time. This fee is only limited to the registration of a program and one document. If you apply to register multiple documents, an additional 80 yuan will be charged for each additional document. The handling fee for applying for an exception is RMB 320 per case.
(2) Registration fee for transfer of rights, transfer or license, 300 yuan/case; inheritance: 200 yuan/case.
(3) Software copyright renewal fee, 550 yuan/piece.
(4) The fee for software copyright registration certificate, software rights transfer registration certificate and software copyright renewal certificate is 50 yuan each.
(5) Change or supplementary registration fee, 150 yuan/time.
(6) Objection request fee, 150 yuan/case.
(7) Review request fee, 150 yuan/case.
(8) The software source program storage and storage fee is 120 yuan within 100 pages. For more than 100 pages, an additional 2 yuan will be charged for each additional page.
(9) The processing fee for requesting an extension is 100 yuan/case for the first time and 200 yuan/case for the second time.
Legal basis
:
"Patent Law"
Article 26
Applying for an invention or For utility model patents, documents such as a request, description and abstract, and claims 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. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall 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 shall state the reasons.
"Patent Law"
Article 27
When applying for a design patent, a request, pictures or photos of the design and relevant documents shall be submitted. A brief description of the design and other documents.
"Copyright Law of the People's Republic of China"
Article 3. The works referred to in this law refer to original and capable works in the fields of literature, art and science. Intellectual achievements expressed in certain forms include:
(1) Written works;
(2) Oral works;
(3) Music, drama, Works of folk art, dance, and acrobatics;
(4) Fine arts and architectural works;
(5) Photographic works;
(6) Audio-visual works;< /p>
(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) Other intellectual achievements consistent with the characteristics of the work. How to apply for copyright of pictures
No application is required for picture copyright. It is automatically protected by copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, to help resolve copyright disputes caused by copyright ownership, and to provide preliminary evidence for resolving copyright disputes, the country has established a voluntary registration for copyright of works (note, it is voluntary Registration) system, copyright owners can register the copyright of their works with the China Copyright Protection Center
or the copyright administrative departments of various provinces (cities, autonomous regions). According to relevant laws and regulations, when applying for image copyright registration, if it is a photographic work, you need to pay a registration fee of 300 yuan for each piece. If it is a series of works, the registration fee will be 100 yuan for the second piece. The applicant submits registration application materials - the registration agency verifies the received materials - notifies payment - the applicant pays the registration fee - the registration agency accepts the application - review - produces and issues a registration certificate - announcement.
Material requirements: Materials and requirements that should be submitted when applying for copyright registration of works: (1) Complete application form for copyright registration of works as required; (2) Proof of identity of the applicant; (3) Proof of ownership of rights ;(4) Sample of the work (samples of works in paper or electronic media can be submitted); (5) Description of the work (please write from three aspects: creative intention, creative process, and originality, and signed by the author); (6) Entrust another person to do it on your behalf When applying, the agent should submit the applicant's authorization letter
; (7) The agent's identity certificate.
: How to check whether a picture is infringing? Picture infringement generally involves the copyright of the picture, the graphic registration of the trademark, and the application for a design patent. To check whether a picture is infringing, you need to check whether the copyright of the graphic itself has been registered. Copyright is automatically generated at the beginning of the design and is not announced to the public. It is difficult to check. Even if the original author does not register the copyright, it is difficult to prove the source. From another perspective, you can imagine it yourself. But trademarks are announced to the public, and this can be checked. As far as trademarks are concerned, it is easy to judge whether they infringe on the rights of others. As for the search for appearance patents, only the patent number can be found
Patent number
Legal basis:
"Copyright Law"
Article 2 , works by Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law.
The copyrights enjoyed by foreigners and stateless persons in their works based on the agreement signed between the country of origin or habitual residence of the author and China or international treaties to which both countries are parties shall be protected by this law. If the works of foreigners or stateless persons are first published within the territory of China, they shall enjoy copyright in accordance with this Law. If the works of authors and stateless persons from countries that have not signed an agreement with China or have joined international treaties are published for the first time in a member country of an international treaty to which China is a party, or if they are published simultaneously in a member country and a non-member country, they shall be subject to this Article. legal protection. How to apply for a pattern patent
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 the request, the Patent Office will issue a patent acceptance notice in about 1-2 days. Moreover, when the Patent Office issues the 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 arrange for typesetting and printing, certificate issuance and mailing of 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 Label according to relevant standards, and remember to pay fines if caught by relevant departments.
6. In the subsequent 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 they 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 reason.