What are the conditions for granting design patent applications?
1. Does not belong to Existing designs
Existing designs refer to designs that are known to the public at home and abroad before the date of application.
2. No unit or individual has filed an application with the Patent Administration Department of the State Council for the same design before the application date, and it is recorded that it was announced after the application date. In the patent document
3. Compared with the existing design or the combination of existing design features, the design for which the patent right is granted should be significantly different
4. The design for which patent rights are granted shall not conflict with the legal rights obtained by others before the filing date
5. Full of beauty.
Design patent refers to: the shape, pattern or combination of the product and the combination of color, shape and pattern that are aesthetically pleasing and suitable for industry New design for the app. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products.
Application process
1. Application stage
Application for design patent, patent Application documents should include: design patent request letter, pictures or photos. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, they should all be pictures. If you submit photos, they should all be photos. Pictures or photos should not be mixed. If you need to explain the pictures or photos, you should submit the appearanceBrief description of the plan. If a patent agency is entrusted, a letter of authorization should be submitted. To apply for fee reduction, a request for fee reduction and corresponding supporting documents should be submitted.
2. Examination stage
China implements a preliminary examination system for design patent applications. During the preliminary review process, the examiner will issue a notice of correction to address formal issues in the application documents. The applicant makes supplements and corrections to the notice. At the same time, the examiner will examine whether the client is a client of design patent protection. If there is a client who is not protected by design patent, the examiner will issue an examination opinion notice, and the applicant will respond to the examination opinion notice or review the application documents. Revise.
3. Authorization stage
(1) Authorization: After passing the preliminary review, review The Commission issues a notice of grant of patent rights. 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) Certificate issuance: The applicant can obtain a patent certificate after completing the registration procedures.
The above content is the relevant answer. If you apply for a design patent again, you must meet many conditions, including the ability to have most innovations. And it has a certain sense of beauty. No unit or individual has applied for a similar patent before. If you have other legal issues that need to be consulted by a lawyer, you can consult the relevant lawyers on the Legal Savior Network.
