How to apply for a design patent

1. When applying for a design patent during the application stage, the patent application documents should include: pictures or photos of the design patent request form.

If you require color protection, you should also submit two copies of color pictures or photos. If you submit pictures, they should all be pictures. If you submit photos, they should all be photos. Pictures or photos should not be mixed.

If a description is needed for pictures or photos, a brief description of the design should be submitted. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.

2. During the review stage, China implements a preliminary review system for design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice.

At the same time, the examiner will examine whether the client is a client protected by the design patent. If there is a client who is not protected by the design patent, the examiner will issue a notice of examination opinion, and the applicant will respond to the notice of examination opinion.

Reply or modify the application documents.

3. Authorization stage:

(1) Authorization: After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.

(2) Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period is about 2-3 months.

[Legal Basis]

Article 2-17 of the Patent Law of the People's Republic of China, when applying for a design patent, a request, the design pictures or photos and a brief description of the design and other documents.

The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.