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The following documents are required to apply for a design patent:
1. Six-sided orthographic views or photos and three-dimensional views of the design, with a size of no less than 3 cm x 8 cm, no larger than 15 cm Omitting views, etc.;
3. The letter of instruction must include the following information: the name, name and address of the inventor and applicant; if there is a priority request, the country of the earlier application, application Date, application number;
4. Power of attorney, which can be submitted after the filing date;
5. If there is a request for priority, priority certification documents should be submitted. The priority certification document can be submitted within 3 months from the date of application;
6. The transfer certificate, if the applicant is inconsistent with the previous applicant recorded in the priority certification document, can be submitted since Submit within 3 months from the application date.
China implements a preliminary examination system for design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client of design patent protection. If there is a client who is not protected by design patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
Design patents are the object of patent rights and the objects protected by patent law. They refer to designs for which patent rights should be granted according to law. It is completely different from an invention or utility model, that is, the appearance design is not a technical solution. Article 2 of China’s Patent Law stipulates: “Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern. It can be seen that , the design patent shall meet the following requirements:
⑴ refers to the design of shape, pattern, color or their combination;
⑵ It must be the design of the appearance of the product;
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⑶ must be aesthetically pleasing;
⑷ must be suitable for industrial applications
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