1. How to write a request for design patent
1. Application
For design patents, a brief description of the design must be submitted.
2. Appearance design
The scope of protection of the patent right can be expressed in pictures or photos The design of the product shall prevail, and the brief description may be used to explain the design of the product represented by the picture or photo.
3. The brief description should include the following content:
(1) Design product name. The product name in the brief description should be consistent with the product name in the request.
(2) Purpose of design products. The brief description should include a purpose that helps determine the product category. For products with multiple uses, the brief description should indicate the multiple uses of the product described.
(3) Design points of appearance design. Design points refer to the shape, pattern and combination of the product that are different from the existing design, or the combination of color and shape, pattern, or location. Descriptions of design points should be concise and to the point.
(4) Specify a picture or photo that best illustrates the key points of the design. Designated pictures or photographs are used for publication in patent gazettes.
In addition, the following situations should be stated in the brief description:
Requesting color protection or Omit the view. If you apply for a design
patent pleaseThe color sought to be protected should be stated in a brief description. If a view is omitted in a design patent application, the applicant should usually state the specific reason for omitting the view, such as omitting due to symmetry or similarity; if it is difficult to state, you can also just state that a certain view is omitted, such as the lack of a bottom view of a large equipment , can be written as "omitting the bottom view".
If a design patent application is filed for multiple similar designs of the same product, one of them should be designated as the basic design in the brief description.
For graphic products such as floral fabrics and wallpapers, when necessary, the situation where the unit pattern in the graphic product is continuous on two sides or continuous on four sides without defined boundaries should be described.
For slender items, the length of the slender items should be stated using omissions when necessary.
If the design of the product is made of transparent materials or new materials with special visual effects, it should be stated in the brief description when necessary.
If the design product is a complete set of products, the product name corresponding to each set should be stated when necessary. The brief description must not use commercial promotional language, nor can it be used to explain the performance and internal structure of the product.
4. Legal basis: "Patent Law of the People's Republic of China"
Article 27,Application 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 the period of priority for a design patent?
According to relevant legal provisions, the period of priority is Six months, from outsideIf a patent applicant applies for a patent on the same subject in China within six months from the date of first applying for a patent abroad for a design, the applicant shall have priority within that period. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
