1, application stage
To apply for a patent for design, the patent application documents shall include: a request for a patent for design, pictures or photographs. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
China implements a preliminary examination system for applications for design patents. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the design patent protection customer.
3. Authorization stage
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
You need to pay a certain application fee.
The combinations that can constitute the design are:
Product shape, product pattern, product shape and pattern, product shape and color, product pattern and color, product shape, pattern and color.
Extended data:
A patent for design shall meet the following requirements:
(1) refers to the design of shape, pattern, color or their combination;
(2) It must be the design of product appearance;
(3) it must be beautiful;
(4) It must be suitable for industrial application.
Determination of products infringing design patents;
When judging the infringement of a design patent, we should take the aesthetic observation ability of ordinary consumers as the standard, not the aesthetic observation ability of professional and technical personnel in the field of design patent. For the same or similar products, if ordinary consumers generally pay attention to avoid confusion, it does not constitute infringement, but if ordinary consumers still pay attention to confusion, it constitutes infringement.
References:
Baidu Encyclopedia-Design Patent