1. You can submit it directly to the Patent Office yourself. 2. Entrust a patent agency. Process: 1. Submit the patent application documents (the design documents include the top, bottom, left, right, front, back, and six front views of the product, optional stereograms and brief descriptions of the product), the patent request (including the name of the invention, the applicant, the inventor and related information, etc.) and the patent application fee (that is, the official fee paid to the Patent Office) to the Patent Office. From this, the application date and application number can be obtained, which are the only numbers for future patent office review. The official acceptance notice will be issued within two weeks after the application date. 2, the patent office review, such as issuing a notice of review opinions requires the applicant to reply within the prescribed time limit. After the examination is finally qualified, the patent office issues a notice of authorization, indicating that it agrees to authorize. 3. After the applicant carries out authorization registration, the patent authorization announcement takes effect and the patent certificate is obtained. 4. The design is authorized for 5-6 months.
Legal basis:
Article 5 of the Patent Law of the People's Republic of China does not grant a patent right for inventions that violate laws, social ethics or prejudice the interests of the public. No patent right shall be granted to inventions and creations that are obtained or utilized in violation of the provisions of laws and administrative regulations and are completed by relying on the genetic resources. How to apply for a design patent
1. Please provide the materials
1. The name, address and zip code of the applicant;
2. A copy of the applicant's business license, organization code certificate or personal identity card;
3. Name, address and zip code of the inventor (natural person);
4. Telephone number, fax number and contact address of the contact person handling the patent application for the invention.
2. Go through the entrustment formalities (official seal of the unit or signature of natural person).
3. Provide pictures or photos of the design (preferably taken with a digital camera)
Pictures or photos refer to six orthographic views (i.e. front view, back view, left view, right view, top view and bottom view) and three-dimensional views of the design product. If there are no design points on the view, it can be omitted; If the views are symmetrical, you can omit one view.
the views in the above pictures or photos should be in the same scale, and the size of the pictures or photos should be between 3cm×8cm and 15cm×22cm.
The background of a picture or photograph should be monochrome, and there should be no other objects or patterns irrelevant to this design. At the same time, the photos must be free from strong light and shadows and other factors that affect the image effect.
for designs requiring color protection, one color and one black-and-white picture or photo should be submitted at the same time.
if you are not familiar with the requirements for making pictures or photos, the agency can make the pictures or photos needed for the application.
4. sign the entrustment contract and pay the patent application fee: the patent application fee includes two parts: official fee and agency fee.
Legal basis:
Article 26 of the Patent Law of the People's Republic of China
Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract and patent right.
the request shall specify 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 give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For an invention-creation that relies on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall state the reasons.
article 27 to apply for a patent for a design, a written request, pictures or photographs of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly show the design of the product for which patent protection is required. How to apply for intellectual property rights of pictures
First, according to the relevant provisions of China's Copyright Law, pictures and photos enjoy the same rights as authors and writers, that is, copyright, so pictures can apply for intellectual property rights. Second, intellectual property rights include patents, trademarks and copyrights, so we should specifically analyze which type of intellectual property rights we need to apply for. If you apply for a picture patent, you can apply to the patent office; If you apply for a trademark, you can apply to the Trademark Office; If you apply for copyright, you can apply to the copyright agency for registration. Copyright Law of the People's Republic of China Article 2 Copyright Law of the People's Republic of China Article 4 Trademark Law of the People's Republic of China Article 3 Patent Law of the People's Republic of China