Question 2: How to inquire about design patents? You can query through the query window in China National Intellectual Property Administration:
epub.sipo.gov/gjcx.jsp
Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, as well as the combination of color and shape and pattern. Visible, the design patent shall meet the following requirements:
(1) refers to the design of shape, pattern, color or their combination;
(2) It must be the design of product appearance;
(3) it must be beautiful;
(4) It must be suitable for industrial application.
Question 3: What is a design patent? Design refers to the design of industrial products, which is the style of industrial products. It is completely different from the invention or utility model, that is, the design is not a technical solution. Article 2 of the Detailed Rules for the Implementation of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. It can be seen that the design patent shall meet the following requirements: (1) refers to the design of shape, pattern, color or their combination; (2) It must be the design of product appearance; (3) it must be beautiful; (4) It must be suitable for industrial application. More landlords can go to Intepro to do intellectual property consulting, which will be more professional!
Question 4: Which projects can apply for design patents? The fourth paragraph of Article 2 of China's Patent Law defines appearance design as: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns." And the conditions of its authorization are stipulated in Article 23 of the Patent Law. "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design.
Appearance design is obviously different from invention and utility model. Appearance design focuses on the designer's artistic and aesthetic creation of the appearance of a product, but this artistic creation is not a simple handicraft, it must be practical for industrial application. In essence, design patents protect artistic creativity, while invention patents and utility model patents protect technical creativity; Although the design and utility model are related to the shape of the product, they have different purposes. The former aims to make the appearance of products beautiful, while the latter aims to make products with appearance solve a technical problem. For example, if the shape, pattern and color of an umbrella are quite beautiful, it is necessary to apply for a design patent. If the umbrella handle, umbrella ribs and umbrella head are simple and reasonable in structural design, can save materials and have durable functions, you should apply for a patent for utility model.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The object of design patent protection is the decorative or artistic design of the product, which can be a plane pattern or a three-dimensional shape. More common is the combination of the two. The main condition for granting a design patent is novelty.
Question 5: How to apply for a design patent and what information do you need? (a) the scope of protection of the patent for appearance
It refers to a new design with aesthetic feeling and suitable for industrial application (a design scheme that only protects the shape, surface pattern and color of the product, and the protection period is 10 year).
(2) the required documents and information
Fill in the patent information form
1, indicating the type of patent application (utility model);
2. Name, address, postal code and nationality of the applicant (if the applicant is a natural person, provide the ID number of the first applicant; If the applicant is an enterprise or a legal person, provide the enterprise code of the first applicant);
3. Name, address and nationality of the inventor or designer (the inventor or designer should be a natural person);
4. Where priority is claimed, the country, date and application number where priority is required;
5. Other requirements of the applicant for the application.
Power of attorney for patent agency
Signature of all applicants (if the applicant is a natural person, signature is required; If the applicant is an enterprise or legal entity, the official seal shall be affixed)
Application documents related to the invention patent
Pictures or photos designed by 1. (in quadruplicate);
2. Use the design to state the name and category of the product;
3. Or submit photos or pictures (i.e. front view, back view, left view, right view, top view, bottom view, etc.). ) and meet the requirements of the three-dimensional view. If the views are symmetrical, you can omit a view, but you need to explain it in words;
4, a brief description of the main creative part, whether to protect the color and omit the view, protect the color design, and submit two copies of color and black and white pictures or photos;
5. The view scale 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 the picture or photo shall be monochrome, and there shall be no other articles or patterns irrelevant to this design;
6. Where priority is claimed, a copy of the priority document shall be provided.
(3) Matters needing attention and related instructions
I. Agency matters
1) Before applying for a patent, it is best to search the patent literature to find out whether the same design has been patented.
2) The agent prepares the application documents according to the materials provided by the applicant, and submits them to the Patent Office after being examined and signed by the applicant.
3) If you entrust our company to make pictures or take photos, you will be charged for drawing and taking photos.
4) On behalf of the applicant, I shall go through the formalities of paying all kinds of fees in the Patent Office, hand over all kinds of notices issued by the Patent Office to the applicant in time, and inform the matters needing attention or put forward corresponding suggestions.
5) If the applicant's address or contact person changes, please inform us in time to ensure the correct receipt and delivery of relevant notices and materials.
B, program description
1) After receiving the power of attorney, the applicant shall go through the registration formalities and pay the prescribed fees within 2 months. Failure to go through the registration formalities at the expiration of the period shall be deemed as giving up the right to obtain the patent right.
2) After the patent right is granted, the patentee has to pay an annual fee every year. If there are six months overdue, he can still pay the annual fee, but he has to pay a late fee. If the annual patent fee is not paid or the annual fee and late fee for this year are not paid in full, the patent right shall be terminated from the date of expiration of the previous year.
3) In the process of patent application or after patent approval, you can go through the transfer formalities at any time.
4) Where an applicant files a patent application abroad on the basis of an application for a patent for design that has been filed in China, he shall go through the foreign application formalities within 6 months from the date of filing the application in China, and enjoy priority. Consulting Beijing Zhongshenghui Intellectual Property Agency Co., Ltd.
Question 6: How to apply for a design patent and what information do you need? The steps are as follows:
1. Preparation materials: To apply for a design patent, the application documents shall include: a request for a design patent, pictures or photographs (color pictures or photographs shall be submitted if color protection is required) and a brief description of the design in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed.
(China National Intellectual Property Administration website "Home > Patent Application Guide > Before Application > There are writing samples to download in the preparation of application documents).
If you want to request fee waiver, you need to submit the fee waiver request and supporting materials at the same time.
The above required forms can be downloaded from the "Work Download Form" section of China National Intellectual Property Administration website.
2. Send it by registered mail to China National Intellectual Property Administration Acceptance Office (No.6, West Tucheng Road, Jimenqiao, Haidian District, Beijing (100088)).
3. After receiving the admission notice, pay the application fee according to the requirements of the notice. (The application fee is 500 yuan, and if it is postponed, the individual is 75 yuan, unit 150 yuan).
4. If there is no problem with the application materials, wait for about 6-9 months.
5. Pay the registration notice and authorization notice (registration fee, stamp duty 205, annual fee of authorization year 600, annual fee only 180 if there is deceleration before).
6. then. . . . . Wait for the certificate.
Question 7: How to judge the design patent infringement? To judge the function and appearance of a product, the infringement must choose two products with the same or similar functions, which is the premise. On the premise that the appearance is similar or the same, the infringement is recognized.
When comparing a patented product of design with a product accused of infringement, it should generally be compared according to the six-sided view defined by the pictures or photos in the patent announcement. When comparing and judging whether it is the same or similar, it is generally observed by the main part and the whole, but for three-dimensional products, the six sides are not necessarily an important part of the design, and the parts that are not easy to see are generally not regarded as an important part of the judgment. The so-called important part means that some products have parts that are easy to attract the attention of ordinary consumers, and this part is called an important part of the product. The determination of key parts should be combined with the use state of the product, the common appearance design forms of similar or similar products in the past and the influence on the overall visual effect.
The method of judging the patent infringement of design can be summarized as follows: direct comparison method includes two aspects. First, the accused infringing products are directly compared with the pictures or photos of patented products. When using this method, we should pay special attention to the poor visual effect in comparison, especially the patent pictures with strokes are different from the products, and the visual effect difference of these pictures cannot be regarded as the difference between the patent and the accused infringing products. The second is to directly compare the patented product of design produced by the patentee or licensee with the accused infringing product. This comparison has the best effect and is the easiest to judge whether it is the same or similar. However, attention should be paid to whether the products produced by the patentee or licensee are exactly the same as the pictures or photos at the time of patent application. Many enterprises constantly improve their product design after applying for patents, and the products actually produced are often different from those when applying for patents. Therefore, when comparing products directly, the differences or changes should be eliminated from the patent documents, because the patent protection scope of design is based on the pictures or photos in the application approval documents.
Cross-contrast method Cross-contrast method is generally more suitable for design patents closely related to well-known public products. In real life, many product designers always design products on the basis of existing well-known public products. When several people or enterprises carry out new innovative design with reference to a product, the products designed later are always more or less the same as or similar to the previously known public products. In this case, we should make a cross comparison to judge whether other people's products constitute infringement. The specific method is to compare the accused infringing products with the known public products, and then compare them with the patented products. If the alleged infringing product is closer to the known public product, it does not constitute infringement. Through this cross-comparison, the same parts caused by well-known public products are eliminated. Otherwise it is unfair to the accused infringer.
Perspective comparison method suburban comparison method refers to comparing the similarities and differences between patents and accused infringing products from different angles. The view of appearance patent usually has six sides. If the other side of symmetry is the same, one side can be omitted, and the bottom or back that is not easy to see in actual use can also be omitted. So some graphs may have only four or five sides. When comparing the differences, look at the front view first, and then compare the side view or government plan. Generally speaking, it is not very important for many products to look down and up, but for smaller products, such as toy pistols, all views are easy to see, and they are often divided into two parts, so we should comprehensively judge their similarities and differences from all angles.
For some transparent or translucent products, we should also pay attention to the visual effect in the transparent state. The appearance and shape are the same, but the visual effect of the fully transparent design adopted by another product may be very different, which makes it difficult to confuse and distinguish two products with the same shape, so it is not easy to make the same judgment at this time.
We should also pay attention to the visual contrast effect of various changing States of some products in use, and we can't judge the infringement only by the approximation in one state.
In addition, it can also be compared from the design point of appearance design, which is often a unique innovation. If the design points are the same or similar, but there is no obvious difference in the rest, it shall be deemed as infringement.
When judging whether a design product is infringing, we should observe and compare it from multiple angles, and finally comprehensively judge whether it is the same or similar.
Question 8: Requirements for design patents. What is the search report of design patent? Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The patented design does not belong to the existing design, and before the date of application, no unit or individual has applied to the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the date of application. Where an applicant applies for a design, he shall submit a request, pictures or photographs of the design and a brief description of the design, and the relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. 1.Before the amendment of the Patent Law in 2008, it was called "patent search report" and now it is called "patent evaluation report". 2. The patent evaluation report is a report made by China National Intellectual Property Administration according to the request of the patentee or interested party to retrieve the relevant utility model patent or design patent and analyze and evaluate whether the patent meets the authorization conditions stipulated in the Patent Law and its detailed rules for implementation. The patent evaluation report is the evidence for the people's court or the department in charge of patent work to hear and handle patent infringement disputes. 3. The patent evaluation report is made because the utility model and design have not been substantially examined during the authorization process, and there may be defects of novelty and creativity.
Question 9: What's the difference between trademark right and design patent right? From the perspective of legal protection, although designs and trademarks belong to the category of intellectual property rights, they belong to the protection of patent law and trademark law. The main difference between them is that the tangible carrier of 1 is different. Although both design and registered trademark are intangible property rights granted by law to the obligee or holder, they are different as tangible carriers of these intangible property rights. As a carrier, a design must be a product with a fixed shape and can directly reflect its value and use value, while a registered trademark is a commodity logo formed by words, graphics or their combination, and its carrier is a commodity. 2 the content of protection is different. The design patent directly protects the shape, pattern and color of the product or their combination, and the patentee has the right to manufacture, sell and export the product. Registered trademarks protect the reputation of commodity producers or distributors and the quality of commodities by protecting the exclusive right to use trademarks, and accept the supervision of consumers, pray for advertising, open up markets, promote foreign trade and cause consumption. 3 different requirements for novelty. The novelty of patent design is the basic condition of patent design; As long as the registered trademark is not the same as or similar to the trademark that others have registered or preliminarily approved on the same commodity before the application date, the unregistered trademark will not affect the approval of the registered trademark whenever it is used. The protection period of the two is different. The protection period of a design patent is 65,438+00 years. When the time limit expires, the creditor fails to apply for renewal. Where the term of protection expires or the patent right expires and it is necessary to continue to use it after the expiration, it shall apply for renewal within 6 months before the expiration.