How long is the application period for design patent?

1. How long is the application period for design patent? After completing the examination about 6 to 8 months from the application date, you will receive the authorization notice from the Patent Office, informing you to pay the certificate fee and annual fee, and you will receive the design patent certificate from the Patent Office about two months after payment. The whole process takes about 8 months to 1 year. If there are problems in the application documents during the review, it is necessary to correct and answer them. , the authorization time will be postponed accordingly. The patent protection period of design in China is 10 year. In the design applied for in 1993, the patent right was obtained and the protection period of the patent right reached less than 10% of10 years. Most people apply for patents only to obtain patent certificates, so as to obtain professional titles, taxes and other benefits. Therefore, after obtaining the patent, we do not have the consciousness of applying the patent to industrial production, and many patents lose their patents because of the patentee. Some patentees only want to obtain short-term commercial benefits, and do not take it as their own brand products to occupy the market for a long time. For some powerful and strategic enterprises, it is hoped that their products can occupy the market for a long time and get effective legal protection. For them, the protection period of 10 years is relatively short. For designs, the protection period is different in different countries' laws: the protection period of Japanese designs is from the date of approval of registration 15 years; In Germany, the protection period is 20 years from the date of application; In Britain, the protection period is 5 years from the date of registration, which can be extended for 4 times for 5 years each time; In the United States, the protection period is 14 years from the date of issuance of the certificate; In France, the protection period is 25 years from the date of application, which can be extended for another 25 years after the registrant declares. It can be seen that the protection period of design patents in China is relatively short compared with developed countries. Second, the conditions for obtaining a design patent 1, novelty is the basic condition for obtaining a design patent, that is, the patented design must be unprecedented. China's patent law stipulates that the time standard for judging novelty is the date of filing; Its regional standards, publication and publicity adopt world standards, and its use and publicity adopt domestic standards. That is to say, the patent design "should be different and not similar to the design that has been published in domestic and foreign publications or used in China before the application date". 2, should be original Many countries regard whether the design is original as a condition for whether to grant a patent right. Originality mainly means that the patented design should have obvious characteristics or be "dissimilar" compared with the existing design. To judge whether two designs are similar, we should compare two similar products with designs to see whether they are similar as a whole, and we cannot grant patents to similar designs. 3, should be rich in aesthetic feeling, countries around the world have different regulations on whether to take aesthetic feeling as a design patent. The United States, Britain, etc. do not regard aesthetic feeling as a condition for granting design patents. Germany, Japan and other countries regard people as the condition for granting design patents. The detailed rules for the implementation of China's patent law stipulate that the design should be beautiful. 4, should be suitable for industrial applications Because the purpose of the design patent is to promote commodity exchange and economic development, therefore, the patented design must be suitable for industrial applications, that is, it can be put on the product in the form of industrial production. Through analysis, we should also be psychologically prepared for the cycle of patent application in advance. Six to eight months is still very smooth. Some patent applications may take a year or even a year and a half, which is one of the main reasons why many companies entrust patent applications to specialized agencies, because professional agencies are relatively familiar with this knowledge and operation process.