What are the necessary materials needed to apply for a design patent?
When applying for a design patent, the application materials should include: Design patent application form, pictures or photos (if color protection is required, color pictures or photos should be submitted) and a brief description of the design, each in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed.
Procedure for design patent application:
Publication - acceptance, payment - preliminary examination ——Grant the patent right——Issue the patent certificate
Here is the detailed process of patent application and the materials that need to be submitted for the other two types
Patent application process:
1. Confirm the type of patent that needs to be applied for.
2. Search for patents of the same type. You can search independently or entrust an agency to conduct a more comprehensive search.
3. Prepare the application documents and submit them to enter the application step.
4. Obtain the acceptance notice.
5. Preliminary review. (If it is an invention patent application, the invention patent application must first undergo a confidentiality review before the preliminary examination. If confidentiality is required, it shall be handled according to confidentiality procedures. In the preliminary examination, it is necessary to examine whether there are obvious defects in the application, mainly including
Including review whether the content falls within the scope of not granting patent rights in the Patent Law, whether there is an obvious lack of technical content that cannot constitute a technical solution, whether it lacks unity, whether the application documents are complete and whether the format meets the requirements. If so
Foreign applicants also need to undergo a qualification review and application procedure review. If they are unqualified, the Patent Office will notify the applicant to make corrections or submissions within the prescribed time limit.If the applicant fails to respond within the time limit, the application will be deemed withdrawn. If the defects have not been eliminated
after receiving a reply, the application shall be rejected. If the invention patent application passes the preliminary examination, a preliminary examination passing notice will be issued. For utility model and design patent applications, in addition to the above review, it is also necessary to review whether they are obviously the same as existing patents
and are not a new technical solution or For new designs, no reason for rejection is found after the preliminary review. Will go directly to the authorization order. )
6. Publication stage (especially invention patent application). An invention patent application enters the publication stage from the time of issuance of the preliminary examination qualification notice. If the applicant does not make a request for early disclosure, it will have to wait until 15 months from the application date. Enter the public preparation process. If the applicant requests early disclosure, the application will immediately enter the disclosure preparation process. After format review, editing and proofreading, computer processing, typesetting and printing, the summary of the specification will be published in the Patent Gazette and a single volume of the specification will be published in the Patent Gazette about three months later. After the application is published, the applicant
obtains the right to temporary protection. Obtain patent authorization letter.
7. Substantive examination (especially invention patents). Conduct a comprehensive review of whether the patent application has novelty, inventiveness, practicality and other substantive conditions stipulated in the patent law. If upon review it is found that the conditions for authorization are not met or that there are various deficiencies, the applicant will be notified to state their opinions or make modifications within the specified time. If no reply is made within the time limit, the application will be deemed to have been withdrawn. ="text-indent:2em">If the application still does not meet the requirements after the second reply, it will be rejected. The actual review period is long. If authorization has not been granted within two years from the date of application, the application maintenance fee must be paid every year from the third year. If it is not paid within the time limit, the application will be deemed to have been withdrawn.
If no reason for rejection is found during the substantive examination, the authorization procedure will be entered in accordance with regulations.
8. Authorization stage. Utility models and designs can directly enter the authorization stage after passing the fifth step of review.
