1. How much does it cost to apply for an appearance patent?
1. Application design fee: 500 yuan, after 85% reduction, 75 yuan, after 70% reduction 150 yuan. China National Intellectual Property Administration patent fee reduction and exemption measures: 85% for eligible applicants, individuals or units, and 70% for other cases.
2. Legal basis:
According to Article 27 of the Patent Law of People's Republic of China (PRC), an applicant for a patent for design shall submit a request, a picture or photograph of the design, a brief description of the design and other documents. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
According to the provisions of Article 29, an applicant who files an application for a patent for an invention or utility model in China within 12 months from the date when a foreign country first files an application for a patent for a design, or within 6 months from the date when a foreign country first files an application for a patent for a design, may enjoy the priority according to the agreement signed between the foreign country and China or the international treaties to which both countries are parties, or according to the principle of mutual recognition of priority. An applicant who files an application for a patent for invention or utility model with the administrative department for patent in the State Council within 12 months from the date when he first filed an application in China may enjoy priority.
Second, the conditions of patent application
According to Article 22 of the Patent Law of People's Republic of China (PRC), to apply for a patent, the following conditions are required:
(1) Novelty: It means that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or known to the public in other ways, and no identical invention or utility model was filed with the the State Council Patent Administration Department by others and recorded in the patent application documents published after the filing date.
(2) Creativity: Compared with the prior art before the filing date, the utility model has substantial features and progress.
(3) Practicality: It means that the utility model can be manufactured or used, and can produce positive effects.
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Application procedure for appearance patent