1. Conditions for granting appearance patents:

Applying for a design patent shall be the same as the design that has been publicly published in domestic and foreign publications or publicly used in China before the application date. Identical or not similar.

2. Materials required for application for design:

Provide one physical copy of the product. You can also provide one copy of the six-sided view and three-dimensional view of the product or four copies of the six-sided and three-dimensional photos.

Appearance design refers to the appearance design of industrial products, that is, the style of industrial products. It is completely different from an invention or utility model, that is, the appearance design is not a technical solution. A design patent shall meet the following requirements:

(1) It refers to the design of shape, pattern, color or their combination;

(2) It must be a design of the appearance of the product ;

(3) It must be aesthetically pleasing;

(4) It must be suitable for industrial applications.

3. Acceptance of Design Patent Applications After receiving the patent application, the Patent Office Acceptance Office or each patent office agency will determine the application date, give the application number, and issue an acceptance notice for applications that meet the acceptance conditions. Book.

4. In the patent approval process, only written documents have legal effect. All formal documents must be signed and sealed in accordance with regulations, and the signatures and seals must be exactly the same as the names filled in the request. The signature may not be copied. Procedures involving the transfer of rights should be signed and sealed by all applicants, and other procedures can be handled by the applicant's representative;

If a patent agency is entrusted, the signature and seal of the patent agency should be handled. If the formalities require supporting documents or attachments, the supporting documents and attachments shall be originals or copies, and no photocopies shall be used. If there is only one original copy, a copy can be used, but it must be accompanied by a certificate issued by a notary office that the copy is consistent with the original.

Extended information:

Design patent is the object of patent rights and the object of protection by patent law. It refers to the design for which patent rights should be granted according to law. It is completely different from an invention or utility model, that is, the appearance design is not a technical solution.

Article 2 of China’s Patent Law stipulates: “Design refers to the aesthetic and suitable design of the shape, pattern or combination of the product, as well as the combination of color, shape, and pattern. New designs for industrial applications. It can be seen that design patents should meet the following requirements:

(1) Refers to the design of shape, pattern, color or their combination;

(2) Must It is a design for the appearance of the product;

(3) It must be aesthetically pleasing;

(4) It must be suitable for industrial application

In application When a person gives the category of a design product in accordance with the provisions of the Implementing Rules of the Patent Law, the wishes of the party concerned should generally be respected when determining the category of the product, but the category given by the applicant is inaccurate or does not comply with the relevant regulations. , the examiner can modify the category ex officio and give an accurate classification number;

If the applicant for the design patent does not give the category of the design product, the examiner can ex officio give an accurate classification number. The classification number of the product shall be issued; during the review process of the design patent application, if the classification number needs to be modified due to changes in the name of the product using the design, the examiner shall reclassify it.

Baidu Encyclopedia - Design patent