1, which is the preparation of application materials. The applicant needs to draw or take photos of the products for which the design is applied to generate a clear front six-sided view, which can be modified appropriately; At the same time, according to the provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, application documents such as a design request and a brief description of the design shall be written;
2. Submit an application for a patent for design to the Patent Office. You can submit it yourself or entrust an intellectual property agency to submit it.
3. Examination. The Patent Office shall, in accordance with the provisions of the Patent Law and the detailed rules for the implementation of the Patent Law, examine the application documents for the patent for design. If there is no inconsistency with the grant of patent right, the applicant will be notified to grant authorization. If the examiner thinks it is necessary for the applicant to make amendments or state opinions, there will be a correction process. The review at this stage is a preliminary review, not a substantive review.
4, authorization, this stage is mainly to pay the patent registration fee, stamp duty and the annual fee of the year of authorization. After that, the patent office will issue a patent certificate.
Legal basis: People's Republic of China (PRC) Patent Law.
Article 27 To apply for a patent for design, a written request, a picture or photograph 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 indicate the design of the product for which patent protection is required.
Article 28 The date when the patent administrative department in the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.
Article 29 Where an applicant applies for a patent for invention or utility model for the first time in a foreign country within twelve months, or applies for a patent for design for the first time in a foreign country within six months, and applies for a patent on the same subject in China, he may enjoy the priority in accordance with the agreement signed between that country and China or the international treaties to which both countries are parties, or in accordance with the principle of mutual recognition of priority.
Within 12 months from the date when the applicant first filed an application for a patent for invention or utility model in China, or within 6 months from the date when the applicant first filed an application for a patent for design in China, the applicant has submitted a report on relevant issues to the patent administration department of the State Council.
Those who apply for a patent on this subject may be given priority.
Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.
Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed.
Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.
Article 32 An applicant may withdraw his patent application at any time before being granted the patent right.
Article 33 An applicant may modify the patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs.