The requirements for applying for food packaging patents vary from country to country. Generally speaking, two conditions need to be met: first, it belongs to the protected object of appearance patent. Second, it meets the conditions of audit authorization.
1. Apply for a design patent in China: the design granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
2. Apply for a design patent in the United States: According to the provisions of the United States Patent Law, in order to obtain patent protection, a design must meet most standards applicable to invention patents. The requirements for obtaining a design patent include novelty, originality and non-obviousness, decoration and functions not derived from the product.
What materials should be submitted in the application for patent for food appearance?
1. Basic application materials:
(1) Personal name application: ID card of the first inventor and a copy of the ID card; If it is necessary to apply for fee waiver, provide a request for patent fee waiver (signed by the applicant).
(2) Application in the name of the enterprise: a copy of the business license, a copy of the organization code certificate, and a copy of the ID card of the first inventor; If it is necessary to apply for fee reduction and exemption, a certificate of patent fee reduction and exemption shall be provided (sealed by the local intellectual property office).
2, the design patent request
3. Design pictures or photos (if color protection is needed, color pictures or photos should be submitted)
4. Brief description of the design.
5. Power of attorney for patent agency
To apply for a food design patent, you must find a professional organization, and the application will be smoother. Generally speaking, when applying for an appearance patent in China, we should formally review its novelty, creativity and practicality. If it passes the examination, we will authorize it. Therefore, when writing the appearance patent document, you must write it out, otherwise it will be difficult to apply successfully. Don't underestimate an unremarkable design, it will exceed our imagination. The food design is right. When you apply for a food design patent, you come to find intellectual property rights.