It is a new shape, a combination of color and industrial design. The new design can be the graphic design of lines, patterns or colors, or the three-dimensional modeling of products.
Design patent application process:
1. Design patent application stage
Request or design, including patent application documents. Where a request is made for color protection, color pictures or photographs shall also be submitted in duplicate. All pictures submitted shall be pictures, and those submitted shall be photos, and shall not be mixed with pictures. If it is necessary to explain the pictures or photos, a brief description of the design shall be submitted. Where a patent agency is entrusted, a power of attorney shall be submitted. If applying for fee mitigation, a request for fee mitigation and corresponding supporting documents shall be submitted.
2. Design patent examination stage
China implements a preliminary examination system for applications for design patents. In the process of preliminary examination, the examiner will issue a notice of amendment to the form problems in the application documents. The applicant shall make corrections for the notice. At the same time, the examiner will examine whether it belongs to the design patent protection customer. If there is a customer who does not belong to the design patent protection customer, the examiner will issue the office action notice, and the applicant will respond to the notice of review opinion or modify the application documents.
3. Design patent authorization stage
(1) authorization: after passing the preliminary examination, the examiner will issue a patent grant notice. After receiving the notice of grant of patent right, the applicant shall go through the following registration procedures: paying the patent registration fee within the prescribed time limit, the annual fee of the year of authorization, the announcement printing fee and the stamp duty of the patent certificate.
(2) issuing certificate: the applicant can obtain the patent certificate after going through the registration procedures. This period is about 2-3 months.
Materials to be submitted for application for design patent:
1. Product orthographic projection hexahedral view, photo or provide product for photographing;
2. The name of the design patent;
3. If the applicant is a unit, it needs to be sealed by the unit; if the applicant is an individual, it needs to be signed by the individual;
4. If the applicant is an entity, a copy of the business license is required; if the applicant is an individual, a copy of the personal ID card shall be provided;
5. The name and address of the applicant and the detailed name and address of the applicant.
Notice of design patent:
1. The size of the picture or photo should be between 3cm × 8cm and 15cm × 22cm;
2. Pictures must be drawn by computer or regular drawing tools;
3. The stereoscopic product pictures shall include the front view, the back view, the left view, the right view, the top view, the bottom view and the stereoscopic view; the plane product pictures shall include the front view and the back view (symmetrical or the same may be omitted);
4. The scale of each view must be consistent;
5. Pictures or photos shall not contain any graphics or words that do not constitute the design, such as trademarks, signs, portraits of celebrities, nor shall there be indication lines, dashed lines, center lines, size marks, etc;
6. Time required: it usually takes about 3-6 months from application to authorization, and the design patent certificate will be issued within three months after the authorization procedures.