Legal analysis: the process of applying for a design patent: first, prepare the application materials. Secondly, an application for a patent for design filed with the Patent Office can be filed by the Patent Office itself or by an intellectual property agency. Then there is the audit. According to the Patent Law and the detailed rules for the implementation of the Patent Law, the Patent Office will examine the application documents for design patents. Finally, authorization, mainly to pay the patent registration fee, stamp duty and the annual fee for the year of authorization.
Legal basis: Unless otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted by Article 339 of the People's Republic of China (PRC) Contract Law belongs to the research and development personnel. If the research developer obtains a patent, the client can exploit the patent for free. Where the research developer transfers the right to apply for a patent, under the same conditions, the client shall have the priority to be assigned.