Legal analysis: 1. Material design patent required for application for design patent: it is a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of product and the combination of color and shape and pattern. The new design can be a graphic design of lines, patterns or colors, or a three-dimensional modeling of the product. Materials to be submitted for application: 1, six front views of products, photos or providing photos of products; 2, the name of the design patent; 3. The applicant needs the seal of the unit; Personal signature of the applicant for personal needs; 4. A copy of the business license required by the applicant; If the applicant is an individual, a copy of the personal identity card is required; 5. Provide the applicant's name, detailed address, telephone number, zip code, designer's name and other clear materials. 2. Matters needing attention in applying for design patent 1, and the size of the picture or photograph should be between 3cm× 8cm and 15cm× 22cm; 2. Pictures must be drawn by computer or regular drawing tools; 3. Three-dimensional product pictures should include front view, back view, left view, right view, top view, bottom view and three-dimensional view; Plane product pictures include front view and back view (symmetrical or identical can be omitted); 4, the proportion of each view must be consistent; 5. Pictures or photographs shall not contain trademarks, logos, portraits of celebrities and other graphics or words that do not constitute designs, and shall not contain indicator lines, dotted lines, middle lines, size marks, etc. 6. Time required: It generally takes about 3 to 6 months from application to authorization, and the design patent certificate will be issued within three months after the authorization procedure is completed.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.