How to apply for a patent for original pictures

In fact, pictures cannot be patented. my country’s patent protection is based on the premise that it can be used in industrial production. Only pictures cannot be applied for patents. Ability to apply for patents. If you want to apply for a patent, you can apply for a design patent with a picture-designed package and a product as a carrier. Otherwise, you can only apply for copyright protection.

If you want to apply for a design patent, the materials required for the design patent application are:

1. The design patent application requires photos or pictures of the design, but It is important to note that the photo should be clear to avoid the appearance design of the product not being clearly displayed due to focus and other reasons.

2. The photo background should be single and avoid content other than the design product. There should be an appropriate brightness difference between the product and the background to clearly show the appearance design of the product.

3. Photos should usually be taken according to the rules of orthographic projection to avoid distortion caused by perspective that affects the expression of the product's appearance design.

4. Photos should avoid strong light, reflection, shadow, reflection, etc. that affect the expression of the product's appearance design.

5. The products in the photos should generally avoid containing interior contents or foils. However, when the appearance design of the product must be clearly displayed by relying on interior contents or foils, the interior contents or foils are allowed to be retained. .

No application for copyright protection is required for image copyright protection. It is automatically protected by copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, to help resolve copyright disputes caused by copyright ownership, and to provide preliminary evidence for resolving copyright disputes, the country has established a voluntary work copyright voluntary system on how to apply for image copyright protection. Registration system, copyright owners can register the copyright of their works with the China Copyright Protection Center or the copyright administrative departments of various provinces (municipalities, autonomous regions). Our country adopts the principle of automatic acquisition on how to apply for image copyright protection. Works are created voluntarily from the date of completion of creation. Registration of works is not a necessary procedure for obtaining copyright. Registration of works is voluntary. Regardless of whether the work is registered or not, the copyright obtained by the author or other copyright holders in accordance with the law will not be affected. Therefore, works without copyright markings are still protected by copyright. How to apply for picture copyright protection?

(1) Pictures are works of art under copyright law and are subject to copyright law protection. Pictures you design can be registered for copyright at the provincial copyright bureau in the jurisdiction where your ID card is located. Once you discover that others have used your work without permission:

(1) If the work has been copied, you can file an administrative complaint with the Provincial Copyright Bureau and request administrative protection;

(2) If the work has been copied If you are plagiarized, you can file a civil lawsuit in the People's Court to safeguard your legal rights.

(2) If you download other people’s copyrighted pictures from the website for commercial use without permission, you will be subject to civil liability such as compensation; if you harm the interests of the public, you will be subject to administrative liability; if the circumstances are serious, Yes, you must also bear criminal responsibility. How to prove ownership of the copyright of a work is the most direct way to sign the work. In addition, obtain a "Copyright Certificate for Works" through copyright registration or submit the manuscript of the work for which the copyright is claimed, a certificate issued by a certification agency, a contract for obtaining rights, etc. If it is verified to be true, it is presumed that he is the copyright owner.

(1) Software copyright registration application fee, 250 yuan/time. This fee is limited to the registration of a program and one document. If you apply to register multiple documents, an additional fee of 80 yuan will be charged for each additional document. The handling fee for applying for an exception is RMB 320 per case.

(2) Registration fee for transfer of rights, transfer or license, 300 yuan/case; inheritance: 200 yuan/case.

(3) Software copyright renewal fee, 550 yuan/piece.

(4) The fee for software copyright registration certificate, software rights transfer registration certificate and software copyright renewal certificate is 50 yuan each.

(5) Change or supplementary registration fee, 150 yuan/time.

(6) Objection request fee, 150 yuan/case.

(7) Review request fee, 150 yuan/case.

(8) The software source program storage and storage fee is 120 yuan within 100 pages. For more than 100 pages, an additional 2 yuan will be charged for each additional page.

(9) The processing fee for requesting an extension is 100 yuan/case for the first time and 200 yuan/case for the second time.

Legal basis

:

"Patent Law"

Article 26

Applying for an invention or For utility model patents, documents such as a request, a description, its abstract, and claims must be submitted. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant is unable to explain the original source, the applicant shall state the reasons.

"Patent Law"

Article 27

When applying for a design patent, a request, pictures or photos of the design and relevant documents shall be submitted. A brief description of the design and other documents.

"Copyright Law of the People's Republic of China"

Article 3. The works referred to in this law refer to original and capable works in the fields of literature, art and science. Intellectual achievements expressed in certain forms include:

(1) written works;

(2) oral works;

(3) music, drama, Works of folk art, dance, and acrobatics;

(4) Fine arts and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other intellectual achievements consistent with the characteristics of the work. How to apply for a pattern design patent

1. Please provide materials

1. Applicant’s name (full name), address, postal code;

2. Application A copy of the person's business license, organization code certificate or personal ID card;

3. The name, address, and postal code of the inventor (natural person);

4. Apply for the invention patent The telephone number, fax number and contact address of the contact person for the application.

2. Complete the entrustment procedures (official seal of the unit or signature of a natural person).

3. Provide pictures or photos of the design (preferably taken with a digital camera)

The pictures or photos refer to the six-sided orthographic view of the design product (i.e. : front view, rear view, left view, right view, top view, bottom view) and perspective view. If there are no design points on the view, it can be omitted; if the view is symmetrical, one view can be omitted.

The view size proportions in the above pictures or photos must be consistent. The size of the pictures or photos should be between 3cm×8cm and 15cm×22cm.

The background of the picture or photo should be a solid color, and the background should not contain other objects or patterns that are not related to this design. At the same time, the photo must be free of factors such as strong light and shadow that affect the image effect.

To request protection of a color design, you must submit one color and one black-and-white picture or photo at the same time.

If you are not familiar with the requirements for producing images or photos, an agency can create the images or photos required for your application.

4. Sign the entrustment contract and pay the patent application fee: The patent application fee includes two parts: official fee and agency fee.

Legal basis:

"Patent Law of the People's Republic of China"

Article 26 To apply for an invention or utility model patent, you must submit Documents such as request, description, abstract and claims.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a skilled person in the relevant technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant is unable to explain the original source, the applicant shall state the reasons.

Article 27 When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought. How to apply for intellectual property rights of pictures

First, according to the relevant provisions of my country's Copyright Law, pictures and photos have the same rights as authors and text authors, that is, copyright, so pictures can apply for intellectual property rights. Second, intellectual property rights include patents, trademarks, and copyrights. You should specifically analyze which type of intellectual property rights you need to apply for. If you apply for a picture patent, you can apply to the Patent Office; if you apply for a trademark, you can apply to the Trademark Office; if you apply for a copyright, you can apply for registration with the copyright agency. "Copyright Law of the People's Republic of China" Article 2 "Copyright Law of the People's Republic of China" Article 4 "Trademark Law of the People's Republic of China" Article 4 "Copyright Law of the People's Republic of China" Article 3 of the Patent Law