The content of patent protection for appearance should be classified, but if the copyright is not fixed on a specific product, its protection scope can include all products and ways of use;
Appearance patent can get the patent application number earlier, but the registration number of copyright can only be obtained after obtaining the registration certificate;
The appearance is suitable for the shapes and patterns of all products or their combinations, and the combination of colors and shapes and patterns is a new design with aesthetic feeling and suitable for industrial application. But copyright can be applied to written works (advertising language, corporate publicity materials, VI manuals, brand stories, internal periodicals, product manuals, various books and other written works); Art works (packaging bags, cartoon pictures, corporate words, graphic logos, etc.). ); Engineering drawings, industrial models and other works mentioned above.
Protection strength:
The term of protection of appearance patent is 10 year, and the term of copyright protection is 50 years. In terms of rights protection, appearance patents are stronger.
Maintenance cost:
The appearance patent needs to pay the application fee and authorization registration fee, and pay the annual fee after authorization until the patent has no rights; You only need to pay the registration fee in advance to apply for copyright.
It should be noted that patent law and copyright law belong to different legal systems, and a product package may have two rights holders at the same time. In case of rights dispute, it may cost more money. In order to prevent rights disputes, we can consider applying for both design patent and copyright.
The specific situation should be considered comprehensively according to your product planning and market investment time. You can send me a message if you have any questions and continue to answer them for you.
Want to protect the design of packaging, is it better to apply for a patent or copyright? The pattern itself cannot be protected by the patent of appearance, and it must be combined with other carriers, such as packaging boxes;
Copyright can protect the pattern itself.
For patent application, it is best to apply for China patent first, or apply for foreign patent first. In fact, it is not better to apply for a China patent or a foreign patent first, but to decide according to the market of your own products. For example, if your products are sold exclusively in China, it is no good to apply for a foreign patent. or vice versa, Dallas to the auditorium As for the cost of applying for a foreign patent, it depends on what patent you apply for. In Europe or in which countries do you apply? The cost varies from country to country. If you want to apply for a foreign patent, you'd better apply for PCT. That is, applying for a patent in China can be used by all PCT member countries. Please ask for more details. You can consult the local patent agency for details.
Do I still need to apply for an appearance patent after registering copyright? Copyright means that you have created the appearance of a product, while appearance patent means to protect the product you have created from being pirated by others, which is different in nature.
The application for patent for appearance 1 can be developed and pasted on the documents designated by the patent office, but it is best to directly repair the drawings with computer software and print them out in the format designated by the patent office.
2. Require two copies before 20 10, that is, submit two identical application documents;
Only one application document is required for the latest policy.
You'd better keep a copy of the same print background for later revision.
I don't know what you mean after applying for a patent for appearance. You mean, for example, clothes are patented, so can sewing machines that make clothes be patented and then sold? Of course it's possible.
If the sewing machine itself is patented, even if it is patented, others can make one for their own use. Self-use is not infringing, but it cannot be sold. If the patentee is infringed without knowing it, once he knows it, he can claim compensation.
Of course, it is also possible to apply for an invalid appearance patent. If in doubt, you can consult lawyer Li.
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How to apply for a patent for design The documents for applying for a patent for design include:
The request for a patent for design, pictures or photographs in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. Two submitted pictures are pictures, and two submitted photos are photos. Pictures and photos must not be mixed. If you need to explain the pictures or photos, you should submit a brief description of the design in duplicate. Among them, photos need six views (front view, back view, top view, back view, left view and right view) and three-dimensional views of the product. Where a pattern is required to be protected, an expanded view and a three-dimensional view shall be submitted; Where color protection is needed, color and black-and-white photos or pictures shall be submitted. The size of the graph is between 3× 8cm and15× 22cm. Shadows or dotted lines can't appear on the picture, the picture background can only have one color, and there can't be other items on the picture except the required design. In addition, no matter whether you submit pictures or photos, each view must be a front view.
Apply for a patent first, otherwise others can copy your technology at will once they know it in the negotiation.
If you need help in patent application, you are welcome to contact me at any time.
How to apply for a design patent 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, a request 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
Design patent certificate
(1) Authorization: After the first trial is passed, 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.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.