1. What application materials need to be submitted for appearance patent application
1. Letter of instruction, The name of the invention, the name and address of the applicant, and the name and address of the inventor should be specified in the letter. If you apply for priority, you must indicate the application number and priority date of the country or region where you first applied.
2. At least two sets of drawings or photos (including front view, rear view, left view, right view, top view, and bottom view) must be added if necessary. For three-dimensional drawings, the size of the drawing shall not be larger than 15×550px and shall not be smaller than 3×200px. Photos may be submitted in lieu of drawings. If you require color protection, you need to submit three sets of color and black-and-white photos, and the photo size is 3R. Please note that when taking photos, the items must be placed on a single-color background. Except for items whose design protection is required, no other items should appear on the background.
3. A qualified power of attorney can be submitted within two months after the Chinese application date.
It should be noted that if you claim priority (the priority for a design is only six months), you need to provide the earliest application for the design patent application. country, application number and filing date. If the certified priority document cannot be submitted at the time of filing, it may be submitted within three months after the filing date in China. Please note that if the applicant listed in the priority document is different from the applicant filed in China, a transfer certificate must be submitted. If the transfer certificate is a copy, it must be notarized.
In contrast, applying for a design patent takes less time than applying for an invention patent, but the law also stipulates that design patents Protection is generally 10 years, while for invention patents the maximum is 20 years. During this period, the patentee is required to pay the patent annual fee on time in accordance with the provisions of the law.
2. What is the process for applying for a design patent?
(1 )Application stage
To apply for a design patent, the patent application documents should include: design patent request, pictures or photos. If color protection is required, color pictures or photos should also be submitted in duplicate. If pictures are submitted, both The photos should be pictures. If photos are submitted, they should all be photos. Pictures or photos must not be mixed. If a description is needed for the pictures or photos, a brief description of the design should be submitted. If a patent agency is entrusted, a letter of authorization should be submitted. Application fee For mitigation, a request for cost mitigation and corresponding supporting documents should be submitted.
(2) Review stage
China implements a preliminary examination system for design patent applications. During the preliminary examination process, the examiner will issue a notice of supplementation and correction to address formal issues in the application documents. The applicant will make supplements and corrections in response to the notice. At the same time, the examiner will issue a notice of supplementation and correction. If there are clients who are not clients of design patent protection for examination, the examiner will issue a notice of examination opinion, and the applicant shall respond to the notice of examination opinion or modify the application documents.
(3) Authorization stage
1. Authorization: After passing the preliminary examination, the examiner will issue a grant of patent rights Notice. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures: pay the patent registration fee, annual fee for the year of authorization, announcement printing fee and patent certificate stamp tax within the specified period.
2. Issuance of certificate: The applicant can obtain the patent certificate after completing the registration procedures. This period of time is about 2-3 months.Through the editor’s introduction, I believe everyone has a certain understanding of this issue. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to consult with lawyers on this website.
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