First, the concept of design patent
Design patent refers to 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. Design refers to the design of industrial products, which is the style of industrial products.
Two, 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.
Third, the application process
1, application stage
To apply for a patent for design, the patent application documents shall include: a request for a patent for design, pictures or photographs. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. All submitted pictures are pictures, and all submitted photos are photos. Pictures or photos shall not be mixed. If pictures or photo descriptions are needed, a brief description of the design shall be submitted. Where a patent agency is entrusted, a power of attorney shall be submitted. To apply for fee reduction, an application for fee reduction and corresponding supporting documents shall be submitted.
2. Review stage
China implements a preliminary examination system for applications for design patents. During the preliminary examination, the examiner will issue a notice of correction to the formal problems in the application documents. The applicant makes corrections to the notice. At the same time, the examiner will examine whether it belongs to the design patent protection customer. If there are customers who are not protected by the design patent, the examiner will issue a notice of examination opinions, and the applicant will reply to the notice of examination opinions or modify the application documents.
3. Authorization stage
(1) Authorization: After the first trial is passed, the examiner will issue a notice of granting the patent right. After receiving the notice of granting the patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, the annual fee for authorization, the printing fee for the announcement and the stamp duty on the patent certificate within the prescribed time limit.
(2) Issuance of certificates: The applicant can obtain a patent certificate after going through the registration formalities. This period of time is about 2-3 months.
Legal basis:
patent law of the people's republic of china
Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.