Actually, pictures can't be patented. The patent protection in China is based on the fact that they can be used in industrial production, but only pictures can't be patented. If you want to apply for a patent, you can apply for a design patent with the packaging of the picture design, and there is a product as a carrier, otherwise you can only apply for copyright protection.
If you want to apply for a design patent, the materials required for the application for a design patent are as follows:
1. You need to prepare photos or pictures of the design for the application for a design patent, but you should pay attention to the fact that the photos should be clear, so as to avoid that the design of the product cannot be clearly displayed due to focusing and other reasons.
2. The background of the photo should be single, so as to avoid other contents besides the design product. There should be a proper brightness difference between the product and the background to clearly show the appearance design of the product.
3. The shooting of photos should usually follow the orthographic projection rule, so as to avoid the distortion caused by perspective from affecting the expression of product design.
4. Photos should avoid the expression of product design influenced by strong light, reflection, shadow and reflection.
5. The product in the photo should usually avoid containing the contents or the background, but it is allowed to keep the contents or the background when the appearance design of the product can be clearly displayed by relying on the contents or the background.
The copyright protection of pictures does not need to be applied, but is automatically protected by copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the country has established a voluntary registration system for copyright of works in view of how to apply for copyright protection of pictures, and the copyright owner can register the copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). In China, the principle of automatic acquisition is adopted on how to apply for copyright protection of pictures. The works are produced voluntarily from the date of creation, and the registration of works is not a necessary procedure for copyright acquisition. Work shall be registered voluntarily. Whether the work is registered or not, the copyright obtained by the author or other copyright owners according to law shall not be affected. Therefore, works without copyright logo are still protected by copyright. How to apply for picture copyright protection?
(1) Pictures belong to works of art in the copyright law and shall be protected by the copyright law. You can design your own pictures and go to the provincial copyright bureau where your ID card is located to work in copyright registration. Once it is found that others use your work without permission:
(1) If the work is copied, you can file an administrative complaint with the provincial copyright bureau and request administrative protection;
(2) If the work is plagiarized, you can bring a civil lawsuit to the people's court to safeguard the legal rights.
(2) downloading the copyrighted pictures of others from the website without permission for commercial use will bear civil liabilities such as compensation; Damage to the interests of the public, to bear administrative responsibility; If the circumstances are serious, they shall also bear criminal responsibility. How to prove that you enjoy the copyright of a work is the most direct way. In addition, if you obtain the Copyright Certificate of a Work through copyright registration, or submit the manuscript of the work claiming copyright, the certificate issued by a certification body, and the contract for obtaining rights, you will be presumed to be the copyright owner.
(1) Application fee for software copyright registration, 25 yuan/piece. This fee is limited to the registration of the program and one of its documents. For example, if you apply for registration of multiple documents, you will receive an additional 8 yuan for each additional document. Handling fee for exception deposit, 32 yuan/piece.
(2) filing fee for rights transfer, transfer or license, 3 yuan/piece; Inheritance: 2 yuan/piece.
(3) software copyright renewal fee, 55 yuan/piece.
(4) The fees for the software copyright registration certificate, the software rights transfer filing certificate and the software copyright renewal certificate are 5 yuan/piece.
(5) change or supplement registration fee, 15 yuan/piece.
(6) objection request fee, 15 yuan/piece.
(7) Review request fee, 15 yuan per case.
(8) The storage fee for the software source program shall be 12 yuan within 1 pages, and 2 yuan shall be added for each additional page if it exceeds 1 pages.
(9) Request for deferred processing fee, the first time in 1 yuan/case, and the second time in 2 yuan/case.
Legal basis
:
Article 26 of the Patent Law
To apply for a patent for invention or utility model, documents such as the request, specification, abstract and patent right shall be submitted. 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; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For an invention-creation that relies on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall state the reasons.
article 27 of the patent law
to apply for a patent for a design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
Article 3 of the Copyright Law of the People's Republic of China
Works mentioned in this Law refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
(1) written works;
(2) oral works;
(3) works of music, drama, folk art, dance and acrobatics;
(4) works of art and architecture;
(5) photographic works;
(6) audio-visual works;
(7) graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;
(8) computer software;
(9) other intellectual achievements that meet the characteristics of the work. How to apply for a design patent
1. Please provide the materials
1. The name, address and zip code of the applicant;
2. A copy of the applicant's business license, organization code certificate or personal identity card;
3. Name, address and zip code of the inventor (natural person);
4. Telephone number, fax number and contact address of the contact person handling the patent application for the invention.
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 photos refer to six orthographic views (i.e. front view, back view, left view, right view, top view and bottom view) and three-dimensional views of the design product. If there are no design points on the view, it can be omitted; If the views are symmetrical, you can omit one view.
the views in the above pictures or photos should be in the same scale, and the size of the pictures or photos should be between 3cm×8cm and 15cm×22cm.
The background of a picture or photograph should be monochrome, and there should be no other objects or patterns irrelevant to this design. At the same time, the photo must be free from factors that affect the image effect, such as strong light and shadows.
for designs requiring color protection, one color and one black-and-white picture or photo should be submitted at the same time.
if you are not familiar with the requirements for 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:
Article 26 of the Patent Law of the People's Republic of China
Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract and patent right.
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 description 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; When necessary, there should be attached drawings. The technical points of the invention or utility model should be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For an invention-creation that relies on genetic resources, the applicant shall state the direct source and original source of the genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall state the reasons.
article 27 to apply for a patent for a design, a written request, pictures or photographs 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 show the design of the product for which patent protection is required. How to apply for intellectual property rights of pictures
First, 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, so we should specifically analyze which type of intellectual property rights we need to apply for. If you apply for a picture patent, you can apply to the patent office; If you apply for a trademark, you can apply to the Trademark Office; If you apply for copyright, you can apply to the copyright agency for registration. Copyright Law of the People's Republic of China Article 2 Copyright Law of the People's Republic of China Article 4 Trademark Law of the People's Republic of China Article 3 Patent Law of the People's Republic of China