How to apply for a patent for fashion design

Legal analysis: First of all, you should apply to the patent department, or you can entrust a patent agency to act as an agent. Compatriots from Hong Kong, Macao and Taiwan and individuals in China who apply for a patent for invention-creation completed within the territory of China shall first apply to the patent administration department of the State Council, and they need to entrust a patent agency to handle it, and cannot apply for it themselves. It is necessary to determine the type before applying. Different types of applications have different conditions, fees, contents to be protected by rights and economic benefits brought by the grant of patent rights. Inventions include inventions, utility models and designs. Regarding the protection period, the invention is 20 years, and the utility model and design are 10 years, all of which are counted from the date of application.

After the application is submitted, the invention patent shall undergo preliminary examination and substantive examination, and the utility model and design shall be authorized to announce after preliminary examination. A patent for invention shall submit a request, specification, abstract of specification and claims, and the specification shall be accompanied by drawings when necessary. The patent for utility model shall submit the request, the patent claim, the specification, the drawings of the specification, the abstract of the specification and the drawings of the abstract. A patent for design shall submit a request, a picture or photograph of the design. Before applying, the applicant needs to know the relevant laws and regulations in detail, be familiar with the application process, analyze the feasibility of his invention and creation, and do a good job of confidentiality.

Legal basis: Article 6 of the Patent Law of People's Republic of China (PRC) refers to inventions and creations made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit. After the application is approved, the unit becomes the patentee. Units may dispose of the patent application right and patent right of their service inventions and creations according to law, and promote the implementation and application of related inventions and creations.

The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee.

Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.