(1) Request 1, Product Name (1) The product name filled in the sixth column of the product name abstract request shall comply with the provisions of Chapter III, Part 1, 2. 1. 1. The product name shall accurately indicate the product for which protection is requested, and shall generally be consistent with the name in the International Classification of Designs. (2) The product name is too long. The name of the product using the design in the sixth column of the request is too long, which does not meet the requirements of Chapter III of Part I of the review guide: 2. 1. 1. The name of the product using the design should be shortened. The product name shall briefly and accurately indicate the product for which protection is requested. Generally, the word 1-7 is appropriate and shall not exceed the word 15. (3) Product name that should be avoided The product name using the design filled in column 6 of the request belongs to the product name that should be avoided as stipulated in Chapter 3 of Part I of the review guide, and the product name using the design should be modified. (4) The product name is inconsistent with the view content. The product name filled in the sixth column of the request using the design is inconsistent with the product described in the view, and does not conform to the provisions of Chapter 3, Part I, 2. 1. 1. 2. The designer (1) is an unnatural person. The designer in the seventh column of the application is an unnatural person, which does not meet the requirements of Chapter 3, Part I, 2. 1.3 of the Review Guide. The designer shall be changed into a natural person by filing the project change (submitting the filing project change declaration and paying the change fee) and other procedures. (2) The designer is unwilling to publish the name request, and the designer's name is not filled in column 7. According to Chapter 1, Part I, 2. 1.2 of the Review Guide, the designer may request that his name not be disclosed. If you request not to publish your name, you should fill in "I request not to publish your name" in the column of the request and submit a statement signed by the designer stating that you will not request to publish your name in the future. 3. The applicant (1) is a company that has not entrusted a patent agency, and the name of the contact person is missing, which does not meet the requirements of Chapter 1, Part 1, 2. 1.5 of the examination guide. The applicant should designate a contact person. (2) The postal code in the domestic address filled in the Request for Postal Code Omission is omitted, which does not meet the requirements of Chapter 2. 1.5 of Part I of the Review Guide. The address of your country should include the postal code of your area. (3) The name of the applicant is inconsistent with the signature. The name of the applicant (unit) filled in the eighth column of the request is inconsistent with the name in the official seal, which does not conform to the provisions of Chapter 1, Part I, 2. 1.3. 1 (4) Changing the applicant The applicant changes the applicant in the eighth column of the request in a supplementary form, which does not conform to the provisions of Chapter 1, Part 1, 3.7 of the Review Guide. The applicant's change shall be carried out through the procedures for the change of the registered items: the application for the change of the registered items shall be submitted, the change fee shall be paid, and the certification materials explaining the reasons for the change shall be submitted. If you need to reply to the examiner's notice of correction at the same time, you must also submit the correction book at the same time. (5) The address of the applicant is not detailed. The address of the applicant in the eighth column of the request is not detailed, which does not meet the requirements of Chapter 1, Part 1, 2. 1.5 of the Review Guide. The address of the applicant shall indicate the number of the province (autonomous region), city (autonomous prefecture), district or street, or the number of the province (autonomous region), county (autonomous county), town (township) or street, or the number of the municipality, district or street. If there is a post office box, you can use it according to the regulations. The address should include the postal code of the location. 4. The agency name and signature of the agency and the principal (1) are inconsistent. The name of the agency in column 1 1 of the request is inconsistent with the signature of the agency in column 19, which does not meet the requirements of chapter 2. 1.4 of Part I of the Review Guide. (2) The patent agency code is not filled in the code column of the requesting agency 1 1, which does not conform to the provisions of chapter 2. 1.4 in the first part of the review guide. The request shall fill in the code provided by China National Intellectual Property Administration to the patent agency. (3) The number of agents exceeds two. The two people requested that the number of patent agents listed in column 1 1 exceeded two, which did not meet the requirements of chapter 2. 1.4 in Part I of the Examination Guide. A patent application shall not have more than two patent agents. (4) The name or work permit number of the agent is missing, and the name or work permit number of the agent is not filled in the column 1 1 of the request, which does not conform to the provisions of Chapter 2. 1.4 of Part I of the Review Guide. (5) The signature or seal of the missing organ is a copy. The signature or seal of the institution omitted in column 19 of the request is a copy, which does not conform to the relevant provisions of chapter 1, part 1, 2. 1 of the Review Guide. (2) power of attorney 1. The applicant who lacks a power of attorney has entrusted a patent agency, but has not submitted a power of attorney, which does not conform to the provisions of Article 16 of the Detailed Rules for the Implementation of the Patent Law. 2. The power of attorney is lost (1). The name of the product or the name of the patent agency or the address of the patent agency using the design is not filled in the power of attorney for the project, which does not meet the requirements of chapter 3. 1. 1.2 of the first part of the review guide. It should be filled in correctly and be consistent with the contents filled in the request. (2) Lack of application category The lack of application category in the power of attorney for patent agency does not conform to the provisions of Chapter 1, Part I, 3. 1. 1.2 of the Examination Guide. You should tick the "design patent" in the power of attorney. (3) There are many applicants who lack the signatures of all clients, and the power of attorney for patent agency lacks the signatures of all applicants, which does not conform to the provisions of Chapter 1, Part I, 3. 1. 1.2 of the Examination Guide. A power of attorney for patent agency signed by all clients shall be submitted, and the signature shall not be a copy. (4) The name of the agent is missing. The name of the agent is not filled in the power of attorney for patent agency, which does not meet the requirements of Chapter 1, Part 1, 3. 1. 1.2 of the Examination Guide. The name of the agent shall be correctly filled in, and it shall be consistent with the contents filled in the request. 3. Inconsistent with the request (1) The recorded items are inconsistent with the request. The contents filled in the power of attorney of the patent agency are inconsistent with the contents filled in the request, and do not conform to the provisions of chapter 3. 1. 1.2 of the first part of the examination guide. (2) The signature and seal of the client (unit) are inconsistent with the request. The name on the official seal of the client (unit) in the Power of Attorney for Patent Agent is inconsistent with the name of the applicant in the eighth column of the request, which does not conform to the provisions of chapter 3. 1. 1.2 in the first part of the examination guide. (3) The signature and seal of the client (natural person) are inconsistent with the request. The signature or seal of the client in the power of attorney for patent agency is inconsistent with the applicant's name in the eighth column of the request, which does not meet the requirements of chapter 3. 1. 1.2 of the first part of the examination guide. 4. The signature is a copy or unclear. The signature of the client or patent agency in the Power of Attorney for Patent Agency is a copy or illegible. (3) Priority 1. Applicants who lack copies of earlier application documents claim foreign priority, but the lack of copies of earlier application documents does not conform to the provisions of Article 30 of the Patent Law. Article 30 of the Patent Law stipulates that an applicant who claims priority shall make a written statement at the time of application and submit a copy of the first patent application document within three months; Failing to submit a written statement or a copy of the patent application documents within the time limit shall be deemed as not claiming priority. 2. The Chinese translation of the title is inconsistent with the copy of the priority document. (4) Drawings and photos 1. The view submitted by the copy is a copy of the product in kind or a copy of the product photo, which fails to clearly show the protected object and does not meet the requirements of Chapter 3, Part 1, 2.2 of the Review Guide. 2. The product view submitted by the external contour of the drawing (1) is missing or unclear, which does not meet the requirements of Chapter 3, Part 2.2 of the review guide. (2) The section line profile is missing or incomplete, which does not conform to the provisions of Section 2.2 of Chapter 3 of Part I of the Review Guide. (3) Omitted length The product using the design is a slender strip, and the drawing of the omitted length in the view is not standardized, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Examination Guide. In the drawing of slender objects, the contour lines at both ends should be drawn completely, the middle length should be omitted, and two parallel double dotted lines or free fracture lines should be used to break them. (4) The lines in the line discontinuous view are discontinuous or the sawtooth shape is uneven, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide. Views with continuous smooth lines shall be submitted in duplicate. (5) There are dotted lines, center lines, hatched lines, dimension line, leads and marking lines in the view, and there are redundant lines, which do not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide and should be deleted from the view. (6) In view of the fact that there is partial enlargement in the part not marked with enlargement, the part not marked with enlargement does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide. 3. Inconsistent Views (1) The contents expressed in the front view and the perspective view are inconsistent with those expressed in the front view and the perspective view, and the protected object cannot be accurately displayed, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide. (2) The modified view content is inconsistent with the view content submitted on the application date. 4. View projection relation (1) The view scales are inconsistent, and all the view scales are obviously inconsistent, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide. (2) The views do not correspond, and the projection relationship between the views does not correspond, so the protected object cannot be clearly and accurately displayed, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide. (3) Wrong view direction There is a wrong view direction in the view, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the Review Guide. 5. The photo view (1) is not an orthogonal view. Obviously, each photo view is not a front view, which does not meet the requirements of Chapter 3 1 Part 2.2 of the Review Guide. Photographs taken should conform to the orthographic rules, with clear outline, and avoid strong light, shadows and background objects. (2) Reflective patterns appear on the reflective surface of products with reflective patterns in the photo view, and the protected objects cannot be clearly displayed, which does not meet the requirements of Chapter 3 1 Part 2.2 of the review guide. (3) The view is not clear, the photo view is not clear, and the protected object cannot be clearly displayed, which does not conform to the provisions of Chapter 3, Part 1, 2.2 of the review guide. (4) There is a foil in the photo view, which affects the correct expression of the design and does not conform to the provisions of Chapter 3 1 Part 2.2 of the review guide. (V) Brief Description A brief description is used to briefly describe the design points, omitted views and requirements for color protection of the designed product, so it should be written in a standardized way. For example, omit other views. The required design contains colors.
The left view is symmetrical with the right view, and the left view is omitted.
The right view is the same as the left view, and the right view is omitted.
This product is made of transparent material.
Part A of this product is transparent.
This product is a plane product with continuous quadrilateral unit patterns and infinite boundaries. (VI) Classification of patents for design According to Article 27 of the Patent Law, when applying for a patent for design, an applicant shall submit a request, a picture or photograph of the design and other documents, and specify the product using the design and its category. According to the international design classification, please fill in the product category in the requested column 14. V. Several problems needing attention in the process management of patent application for agency design (1) Related expenses 1. Payment of expenses According to Chapter II of Part V of the Review Guide, the parties concerned shall pay all kinds of expenses within the prescribed time limit.
The problem of handling payment: adding holidays during the payment period. 2. Refund According to Article 4.2 of Chapter 2, Part V of the Examination Guide, if the patent fee is overpaid, re-paid or wrongly paid, the party concerned may request a refund within one year from the payment date, and the Patent Office will refund it. Refund is not allowed in the following cases: (1) For overpaid, overpaid or wrongly paid fees, the parties only request a refund one year after the payment date.
(2) The parties cannot provide evidence of wrong payment.
(3) Refund of various fees paid in accordance with regulations before the parties request approval. Issue of refund: (1) The detailed address of the refund recipient is not specified in the refund request.
(2) The used fees shall be refunded.
(3) The refund request does not specify the type of refund, nor does it submit evidence of overpayment, re-payment or wrong payment. 3. The problem of deferred payment: (1) There is no signature of the requester in the deferred payment request.
(2) It has exceeded the remission period and still requires remission.
(3) The reasons for mitigation are unknown. (II) Changes in Descriptions According to the relevant provisions in Chapter 3.7 of Chapter 1 of the Examination Guide, the descriptive items of a patent application include: application number, application date, name of invention-creation, classification number, priority matters, matters of applicant or patentee, name of inventor, matters of patent agency, contact person and representative matters. Among them, if the personnel's descriptive matters (referring to the matters of the applicant or patentee, the name of the inventor, the matters of the patent agency, the contact person and the representative) change, the parties concerned shall go through the formalities for reporting the change of descriptive matters in accordance with the provisions; Where other descriptive matters are changed, the Patent Office shall make changes according to the situation and authority. Problems in handling changes of recorded items: (1) The transfer contract of the unit involved is not signed by the legal representative.
(2) When the agency changes, no change fee will be paid.
(3) Requesting to change the agent, which is not indicated in the filing project change declaration, and the change fee has not been paid.
(4) The address and postal code of the patentee after the transfer is required are not filled in the statement describing the project.
(5) The party concerned entrusts an agency when applying for a patent for design, and entrusts other agencies when handling the invalid procedure, and fails to make changes in time, and only goes through the change procedures at the oral hearing.
(6) Project change certification documents and materials are all copies.
(seven) the address of the applicant before the project change declaration is inconsistent with the address recorded in the original application documents. (III) Restoration of Rights According to the relevant provisions of Section 6, Chapter 7, Part V of the Review Guide: 1 Scope of Application Article 7, paragraphs 1 and 2 of the Detailed Rules for the Implementation of the Patent Law stipulate the conditions for the parties to request the restoration of their rights after losing their rights due to the delay period. However, the fourth paragraph of this article also stipulates that if a person loses his rights due to the delay of grace period, priority period, patent period and limitation of tort action, he cannot request the restoration of his rights. 2. Any request for restoration of rights shall be made in writing, with reasons and relevant supporting documents attached. According to the second paragraph of Article 7 of the Detailed Rules for the Implementation of the Patent Law, a request for restoration of rights shall be made within two months from the date of receiving the punishment decision of the Patent Office, and the request fee for restoration of rights shall be paid at the same time; According to the first paragraph of Article 7 of the Detailed Rules for the Implementation of the Patent Law, the request for restoration of rights shall be filed within two months after the obstacle is removed, but not later than two years after the expiration of the delay period. When requesting the restoration of rights, the parties concerned shall complete the unfinished acts and eliminate the reasons for the loss of rights. For example, if the applicant fails to pay the application fee, his patent application is deemed to have been withdrawn, and the prescribed application fee shall be paid at the same time as he requests to restore his right to apply. Handling the right restoration: (1) The restoration request and one of the restoration request fees are overdue.
(2) There is no reason or justifiable reason in the recovery request.
(3) Failing to pay the annual fee and late payment fee when resuming business.
(4) After the approval decision of the restoration right is issued, it is required to refund the restoration fee. (4) Issues related to voluntary withdrawal and voluntary abandonment: 1. Voluntary withdrawal and voluntary abandonment were not put forward by the applicant or the patentee himself.
2. There is no signature of the agency in the statements of voluntary withdrawal and voluntary abandonment. Conclusion With the development of social economy and the improvement of people's living standards, people's aesthetic needs directly promote the development of industrial design. The application for design patent is increasing year by year, and the overall design level is gradually improved. The appearance of a design patent not only embodies the brilliant thinking of the designer, but also includes the hard work and sweat of the patent applicant, patent agent and all patent workers. We firmly believe that with the joint efforts of colleagues in the intellectual property field, the examination and approval procedures of design patents will be more perfect, the research on the development direction of design legal system will be further expanded, and the protection of design patents will play a more important role in China's economic construction.