First, how long does it take to apply for an appearance patent?
The whole process will take about 5 months to a year. After submitting the patent request, picture or photograph of design to the Intellectual Property Office, you will receive the authorization notice from the Intellectual Property Office, informing you to pay the certificate fee and annual fee, and you will receive the patent certificate of design issued by the Intellectual Property Office about two months after payment.
Second, those who can't apply for a patent for appearance.
1. Fixed buildings, bridges, etc. This depends on the specific geographical conditions and cannot be repeated.
2. Products whose shapes, patterns and colors are not fixed because they contain substances with no fixed shapes such as gas, liquid and powder.
3. The products are inseparable and cannot be sold or used separately. For example, a double-handle water cup suitable for children can not only protect the double handles, but must apply for protection together with the cup.
4. For a product consisting of several parts with different specific shapes or patterns, if the parts themselves cannot be products with independent use value, then the parts are not the objects that can be granted the patent right for design. For example, if a toy is composed of many connectors that cannot be used independently, that is, it cannot constitute an independent product, then a single connector will not be granted patent protection for design. Only when this connector and other connectors are put forward as plug-in toys as an application for patent protection for design, can patent protection for design be granted.
5, can't act on the visual or naked eye is difficult to judge, such as integrated circuits, or textile patterns can only be observed under a magnifying glass.
6. The protected design is not the conventional form of the product itself. For example, the handkerchief itself is a square and flat product, but if the handkerchief is tied into the shape of flowers or small animals such as mice and rabbits, it is impossible to apply for a patent.
Three. Procedures for applying for a patent for appearance
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. All submitted pictures are pictures, and all submitted photos are photos. Pictures or photos shall not be mixed. If pictures or photo descriptions are needed, a brief description of the design shall be submitted. 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. If there are customers who are not protected by the design patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
3. Authorization stage
Authorization: After passing the preliminary examination, 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.
Issuance of certificates: Applicants can obtain patent certificates after going through the registration procedures. This period of time is about 2-3 months.
legal ground
patent law of the people's republic of china
Article 27 Where an applicant applies for a patent for design, he shall submit a written request, pictures or photographs of the design and other documents, and specify the products using the design and their categories.
Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law (revised and promulgated by the State Council on February 28th, 2002)
Article 28 Where an applicant applies for a patent for design, a brief description of the design shall be stated when necessary. Brief description of design should explain design points, color protection requirements, view omission, etc. Products using this design. The brief description shall not use commercial advertising language, nor shall it be used to explain the performance of the product.