Legal basis:
Article 5 of the Patent Law of People's Republic of China (PRC) shall not grant a patent right to an invention-creation that violates laws, social morality or harms public interests. No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.
How to apply for a patent for pattern design? Please provide the materials.
1. Name, address and postal code of the applicant;
2. A copy of the applicant's business license, organization code certificate or personal identity card;
3. Name, address and postal code of the inventor (natural person);
4. The telephone number, fax number and contact address of the contact person who handles the invention patent application.
2. Go through the entrustment formalities (official seal of the unit or signature of natural person).
3. Provide pictures or photos of the design (preferably taken with a digital camera).
Pictures or photographs refer to six orthographic views (front view, back view, left view, right view, top view and bottom view) and three-dimensional views of a design product. If there is no design point on the view, it can be omitted; If the views are symmetrical, you can omit one view.
The view sizes in the above pictures or photos should be consistent, and the size of the pictures or photos should be between 3cm×8cm and 15cm×22cm.
The background of pictures or photographs shall be monochrome, and there shall be no other articles or patterns irrelevant to this design. At the same time, the photo must be free from strong light, shadows and other factors that affect the image effect.
For the design that needs color protection, a color and a black-and-white picture or photo should be submitted at the same time.
If you are not familiar with the requirements of making pictures or photos, the agency can make the pictures or photos needed for the application.
4. Sign the entrustment contract and pay the patent application fee: the patent application fee includes two parts: official fee and agency fee.
Legal basis:
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents.
The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters.
The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
How to apply for intellectual property rights of pictures First of all, according to the relevant provisions of China's copyright law, pictures and photos enjoy the same rights as authors and writers, that is, copyright, so pictures can apply for intellectual property rights. Second, intellectual property rights include patents, trademarks and copyrights, and it is necessary to analyze in detail what kind of intellectual property rights need to be applied for. If you apply for a picture patent, you can apply to the patent office; Anyone who applies for a trademark may apply to the Trademark Office; Anyone who applies for copyright may apply to a copyright agency for registration. People's Republic of China (PRC) Copyright Law Article 2 People's Republic of China (PRC) Copyright Law Article 4 People's Republic of China (PRC) Trademark Law Article 3 People's Republic of China (PRC) Patent Law