1. How to apply for a personal design patent
1. Apply for a design patent The process: patent application—acceptance—preliminary examination—announcement—authorization.
Documents required for appearance patent:
(1) Request letter: including appearance patent name, designer’s name, applicant’s name, name, address, etc.
(2) Appearance design pictures or photos: at least two sets of pictures or photos (front view, rear view, top view, bottom view, left view, right view, If necessary, provide a three-dimensional view)
(3) Brief description of the appearance design: A brief description of the appearance design should be submitted if necessary.
2. Legal basis:
According to Article 20 of the Patent Law of the People's Republic of China Article 7: When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents should be submitted. The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought.
2. What is patent infringement?
Patent rights are the patentee’s exclusive rights to use his inventions and creations. Patent infringement is Refers to the illegal act of implementing a valid patent protected by law for the purpose of production and business without the permission of the patentee.
Patent infringement has the following characteristics:
1. The object of the infringement is a valid patent .Patent infringement must be based on the existence of a valid patent. For disputes over the use of an invention after the invention patent application is published and before the patent right is granted without paying appropriate fees, the patentee should request the patent management department for mediation after the patent right is granted. , or directly file a lawsuit with the People's Court;
2. There must be an infringement act, that is, the actor has objectively committed an act that infringes on the patent of others. And for the purpose of production and operation. Implementation for non-production and business purposes does not constitute infringement;
3. Violates the provisions of the law, that is, the actor implements the patent without the permission of the patentee. , and has no legal basis.
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