Procedures for applying for a patent for design:
Application-acceptance, payment-preliminary examination-granting patent right-issuing patent certificate. The specific process is as follows:
1, application stage. Confirm the type of patent you want to apply for, and see if you have applied for it, or if similar patented products have appeared. To prepare the application documents, the patent application documents shall include: a request for a design patent, pictures or photographs. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. Then apply to the patent administration department of the State Council.
2. Review stage. If no reason for rejection is found after examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time.
Legal basis:
patent law of the people's republic of china
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 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
Derivative problem:
How long is the duration of the patent?
The term of patent right for invention is 20 years, the term of patent right for utility model is 10 year, and the term of patent right for design is 15 year, all of which are counted from the date of application.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.