1. What to pay attention to when applying for a design patent
1. Design patent After the right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its patented design products for production and business purposes.
2. The design for which the patent right is granted shall not belong to the existing design; no unit or individual has reported to the State Council the same design before the application date. The patent administrative department has filed an application and it has been recorded in the patent documents published after the application date.
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 that others have obtained before the filing date.
5. Legal basis: Article 4 of the "Patent Law of the People's Republic of China" If the invention-creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be kept confidential in accordance with relevant national regulations. Provisions are made for processing.
2. How to determine whether the patent you apply for requires confidentiality review
strong>
1. Generally speaking, inventions and creations that are exclusively used for national defense or are of great value to national defense; inventions and creations that involve national security or major interests are Refers to inventions and creations that, if disclosed, will affect the country's defense capabilities, damage the country's political and economic interests, or weaken the country's economic and scientific and technological strength. Inventions and creations for which confidentiality patents are applied do not include designs.
2. Inventions and creations involving national security or major interests need to apply for confidential patents in accordance with relevant regulations.
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.