According to Article 2 of China's Patent Law and Article 2 of the Detailed Rules for Implementation, China's patent applications are divided into three types: invention patents, utility model patents and design patents.
Appearance design: a new design with aesthetic feeling and suitable for industrial application, which refers to the shape, pattern or combination of products and the combination of color and shape and pattern. Therefore, the design patent is essentially a design scheme, which protects the appearance characteristics of products, which must be embodied by specific products, which can be produced and copied by industrial methods. This appearance can be characterized by the three-dimensional modeling of the product, the surface pattern of the product or the combination of the two, but it cannot be divorced from the pattern or graphic design of the specific product.
2. Steps to apply for a patent for design
1) Before applying for a patent, under the professional guidance of the agent, analyze his own design scheme and finally decide to apply for a design patent.
2) Applicants can search their own technical solutions, or they can apply directly without searching, but searching is not everything, nor is it necessary. In general, searching is not recommended. But in any case, the applicant shall be responsible for the novelty, legality and aesthetics of the design applied for.
3) If it is a service invention, the applicant is the unit; If it is a non-service invention, the applicant is an individual. If you apply in the name of the company, you should stamp the official seal on the power of attorney provided by us. If an application is made in the name of an individual, a power of attorney shall be signed, and then an entrustment contract shall be signed, and official fees and agency fees shall be paid as required.
4) Provide a list of designers (natural persons, unlimited number).
5) Explain the product name, provide pictures or photos that meet the requirements, and make necessary explanations.
Design views can be divided into two categories: drawing views and photo views. For the views provided by customers, please refer to the drawing view example and the photo view example. If you don't have pictures or photos, you can provide samples. Our company will take pictures or draw pictures, and the cost will be calculated separately.
3. The department that accepts the patent application
When applying for a patent, we can entrust our company to submit the application documents directly to the China National Intellectual Property Administration Patent Acceptance Bureau, or we can entrust the patent agencies established in China National Intellectual Property Administration to submit the application documents all over the country. Our company can apply to patent agencies located in Guangzhou and Shenzhen.
4. Apply for not granting the patent right of design.
According to the provisions of Articles 5 and 25 of the Patent Law, an invention-creation for which no patent right is granted:
1) Inventions and creations that violate national laws;
2) inventions that violate social morality;
3) inventions that hinder the public interest.
(4) Designs that are mainly used as signs of patterns, colors or the combination of the two in plane printed matter.
5. Notice of acceptance of patent application
A patent application filed in China National Intellectual Property Administration shall be accepted if it meets the acceptance conditions after formal examination (see the acceptance flow chart). The patent administration department will make an acceptance notice to determine the date of application, the applicant, the application number and the application name. , and send it to the applicant. The application will enter the review process according to the process.
6. Examination and approval procedures for design patents
According to the Patent Law, there are only three stages in the examination and approval of an application for a patent for design: acceptance, preliminary examination and authorization.
7. Examination time of application for patent for appearance
1) Generally, the time for accepting design patents is one month. Entrust our company to apply, and the time for obtaining the official application number of China National Intellectual Property Administration (namely the authorized patent number) can be shortened to 5- 10 working days.
2) If there is no correction, the examination period of the design patent is generally 5-8 months. The preparation time of patent application documents depends on the complexity, and generally does not exceed 3 working days.
8. Formal expenses and protection period of an application for a patent for design
1) The official fees of design application include application fee, registration fee, annual fee, stamp duty, etc. (paid according to the actual cost), the guarantee period is 10 years, counting from the date of application.
2) For official fees, please refer to the official fees standard for design patents in China National Intellectual Property Administration.
9. The role of patent agencies
Patent agencies and their agents are experts recognized by China National Intellectual Property Administration who know both professional technology and relevant legal knowledge. Through them, the general technical data that the applicant wants to apply for a patent can be written into technical and legal documents that meet the examination requirements, and the protection effect of the documents is the best. Through the patent agency, the client's application will be passed smoothly as soon as possible, and it will really cost less and gain more.