The process and cost of applying for a patent for appearance
procedure
(1) patent search
Many patent applicants often ignore the step of patent retrieval. Don't act blindly when you want to apply for a patent. You must search for patents first, so that you can know whether the patents you are involved have been applied for.
(2) Prepare application materials
No matter what kind of patent you apply for, application documents are very important. The applicant can fill in or write by himself, or entrust a patent intellectual property agency.
(3) Submit for acceptance
After receiving the patent application, the Patent Office determines the application date and gives the application number that meets the acceptance conditions, and then issues the acceptance notice and payment notice. Failing to pay the application fee within two months after submitting the application, the application shall be deemed to have been withdrawn; If the application fee is paid, the patent application can go to the next step.
(4) Formal review
According to the Patent Law, an application for a patent for design shall not be examined publicly or substantively during the examination period. If the examination is unqualified, a notice of correction or examination opinions shall be issued, and if the examination is qualified, a notice of preliminary examination shall be issued.
(5) actively modify and correct.
An application for a patent for design is allowed to be actively amended within two months from the date of application. After receiving the notice of correction or review, the applicant needs to complete the reply within the official time limit.
(6) Withdrawal and recovery
Failing to go through the prescribed procedures within the time limit shall be deemed as withdrawal. But if there are justified reasons, you can apply for restoration within two months after receiving the notice of revocation.
(7) Registration authorization
After preliminary examination, if the application for a patent for design is not found to be rejected, a notice and a notice of registration shall be issued.
expense
1. In the process of applying for an appearance patent, the following fees are usually required:
Design: Application fee 500 yuan.
Patent registration fee: 200 yuan+stamp duty 5 yuan.
After receiving the patent authorization notice and registration notice, the applicant needs to pay the patent registration fee and the announcement printing fee.
After issuing the certificate, you need to pay an annual fee to the Patent Office. The annual fee of patent fee refers to the fee that the patentee should pay to the patent office year by year from the year when the patent right is granted.
2. The annual fee table of design patent is as follows:
1-3 years 600
4-5 years 900
6-8 years old 1200
If the payment time exceeds the prescribed payment time for one month, 5% of the full annual fee of the current year will be charged as a late fee for each additional month.
What information do I need to apply for a patent for appearance?
To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
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.
What does the design patent include?
Usually, the combinations that can constitute a design are: the shape of the product; The style of the product; The shape and pattern of the product; The shape and color of the product; Patterns and colors of products; The shape, pattern and color of the product.
1, industrial product shape
Appearance modeling of industrial products refers to product modeling design, that is, the appearance outline presented by the movement, change and combination of points, lines and surfaces outside the product, that is, the result of designing and manufacturing product structure and appearance at the same time;
2, industrial product appearance pattern
Industrial appearance pattern refers to the pattern formed on the product surface by any arrangement or combination of lines, characters, symbols and color blocks. The appearance pattern of the product should be fixed and visible, and it should not be intermittent and visible under certain conditions.
3. Color of industrial products
The color of industrial products refers to the color or color combination used on products, and the natural color of materials used to manufacture products is not the color of design. The color of the product can't constitute the design independently unless the color change of the product itself has formed a pattern.