In any of the following circumstances, the patent right shall be terminated before the expiration of the time limit:
1. Failing to pay the annual fee as required;
2. The patentee waives his patent right in writing.
A patent for design shall meet the following requirements:
1 refers to the design of shape, pattern, color or their combination;
2. It must be the design of product appearance;
3. Must be aesthetic;
It must be suitable for industrial application.
To apply for a patent for design, the patent application documents shall include:
1, design patent request, picture or photograph; If color protection is needed, color pictures or photos shall also be submitted in duplicate; All submitted pictures are pictures, all submitted photos are photos, and pictures or photos shall not be mixed;
2. If pictures or photo descriptions are needed, a brief description of the design shall be submitted;
3. If a patent agency is entrusted, a power of attorney shall be submitted;
3. If the application fee is slowed down, a request for fee reduction and corresponding supporting documents shall be submitted.
legal ground
patent law of the people's republic of china
Article 23 A design that has been granted a patent right does not belong to an 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.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application. 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.