How to apply for intellectual property rights

Legal analysis: intellectual property rights should be applied to the Patent Office or Trademark Office in accordance with relevant laws and procedures, and the application should be made according to the types of intellectual property rights. Intellectual property rights are divided into three categories: patent right, trademark right and copyright. After determining which form of intellectual property belongs to the type of intellectual property application, the patent shall be applied to the Patent Office and the trademark shall be applied to the Trademark Office. Works of China citizens, legal persons or other organizations, whether published or not, enjoy copyright.

Legal basis: Article 3 of the Patent Law of People's Republic of China (PRC), the State Council Patent Administration Department is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.

Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. The provisions of this Law on commodity trademarks shall apply to service trademarks.

Copyright Law of People's Republic of China (PRC) Article 2 Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.