Traditional Culture Encyclopedia - Traditional virtues - How to apply for a product appearance patent?
How to apply for a product appearance patent?
An application for a patent for design shall be different from or similar to the design published in domestic and foreign publications or publicly used in China before the date of application.
Second, the application design materials:
Provide physical products, and at the same time provide six-sided drawings and three-dimensional drawings or six-sided drawings and stereo photo in quadruplicate.
Design refers to the design of industrial products, which is the style of industrial products. It is completely different from the invention or utility model, that is, the design is not a technical solution. A patent for design shall meet the following requirements:
(1) refers to the design of shape, pattern, color or their combination;
(2) It must be the design of product appearance;
(3) it must be beautiful;
(4) It must be suitable for industrial application.
Three. Acceptance of an application for a patent for design After receiving the patent application, the acceptance office of the patent office or the agencies of each patent office shall determine the application date, give the application number and issue a notice of acceptance to the application that meets the acceptance conditions.
Four, in the patent examination and approval procedures, only written documents have legal effect. All formalities should be signed according to regulations, and the signature should be exactly the same as the name filled in the request. The signature shall not be copied. The procedures involving the transfer of rights shall be signed by all applicants, and other procedures may be signed by the applicant's representative;
Where a patent agency is entrusted, it shall be signed and sealed by the patent agency. If the formalities need to be accompanied by supporting documents or attachments, the supporting documents and attachments shall be originals or photocopies, and photocopies shall not be used. If there is only one original, you can use a copy, but at the same time you need to attach a certificate that the copy issued by the notary office is consistent with the original.
Extended data:
Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law. It is completely different from the invention or utility model, that is, the design is not a technical solution.
Article 2 of China's Patent Law stipulates: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, as well as the combination of color and shape and pattern. Visible, the design patent shall meet the following requirements:
(1) refers to the design of shape, pattern, color or their combination;
(2) It must be the design of product appearance;
(3) it must be beautiful;
(4) It must be suitable for industrial application.
When the applicant gives the categories of design products according to the detailed rules for the implementation of the Patent Law, he should generally respect the wishes of the parties when determining the product categories. However, if the category given by the applicant is inaccurate or does not conform to the relevant provisions, the examiner may modify the category ex officio and give an accurate classification number;
In the case that the applicant for a patent for design has not given the product category of design, the examiner may give the classification number of the product ex officio; In the process of examining an application for a patent for design, if the classification number needs to be modified due to the modification of the product name using the design, the examiner shall reclassify it.
Baidu Encyclopedia-Design Patent
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