Question 1: What information is required to apply for a design patent? 1. Please provide 1. The applicant’s name (full name), address, and postal code; 2. A copy of the applicant’s business license, organization code certificate, or personal ID card; 3. The name and address of the inventor (natural person) , postal code; 4. Telephone number, fax number, and contact address of the contact person for handling the invention patent 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 (ie: front view, rear view, left view, right view, top view). , bottom view) and three-dimensional 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 should 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 from factors such as strong light and shadow that affect the image effect. To request protection of a color design, one copy of both color and black-and-white pictures or photos must be submitted at the same time. If you are not familiar with the production requirements for pictures or photos, an agency can produce the pictures or photos required for the application on your behalf. 4. Sign an entrustment contract and pay the patent application fee: The patent application fee includes two parts: official fee and agency fee

< p> Question 2: How to query the design patent? To query the design patent, you can query it through the query window of the State Intellectual Property Office:

epub.sipo.gov/gjcx.jsp

Design patents are the object of patent rights and the objects protected by patent law. They refer to designs 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 a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. It can be seen that , the design patent shall meet the following requirements:

⑴ refers to the design of shape, pattern, color or their combination;

⑵ It must be the design of the appearance of the product;

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⑶ Must be aesthetically pleasing;

⑷ Must be suitable for industrial application

Question 3: What is an appearance patent? Appearance design refers to the appearance of industrial products. Design is the pattern of industrial products. It is completely different from inventions or utility models, that is, appearance design is not a technical solution. Article 2 of my country’s Implementing Rules for Patent Law stipulates: “Design refers to the shape and pattern of a product. Or its combination, as well as the combination of color, shape, and pattern, create a new design that is aesthetically pleasing and suitable for industrial applications. It can be seen that a design patent should 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 It is suitable for industrial applications. More posters can go to Interpro Intellectual Property for consultation, which will be more professional!

Question 4: Which projects can apply for design patents? The definition of appearance design in Article 2, Paragraph 4 of my country's Patent Law is: "Appearance design refers to the shape, pattern or combination of the product, as well as the combination of color, shape and pattern, which is aesthetically pleasing and suitable for industrial application. "New designs." Article 23 of the Patent Law stipulates the conditions for granting patent rights. "The design for which the patent right is granted shall not be an existing design; nor shall any unit or individual have any rights for the same design." An application has been filed with the Patent Administration Department of the State Council before the filing date and recorded in the patent documents published after the filing date. "Compared with the previous patent law, the newly revised patent law has higher requirements for designs.

There is a clear distinction between appearance design, invention and utility model. Appearance design focuses on the artistic and aesthetic creation made by the designer on the appearance of a product, but this artistic creation Creation is not just a handicraft, it must be practical and can be applied in industry.

Design patents essentially protect artistic ideas, while invention patents and utility model patents protect technical ideas. Although appearance designs and utility model patents are related to the shape of the product, their purposes are not the same. The purpose of the former is to use Product shape creates aesthetic feeling, and the purpose of the latter is to enable products with form to solve a certain technical problem. For example, if an umbrella has a beautiful shape, pattern, and color, it should apply for a design patent. If the umbrella's handle, ribs, and head structure are streamlined and reasonable, can save materials and have durable functions, then it should apply for a design patent. Apply for a utility model patent.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. The object of protection of a design patent is the decorative or artistic appearance design of a product. This design can be a flat pattern or a three-dimensional shape. More commonly, it is a combination of the two. The main condition for granting a design patent is novelty. sex.

Question 5: How to apply for a design patent and what information is required? (1) The scope of protection of appearance patents

refers to new designs that are aesthetically pleasing and suitable for industrial applications (protection only) based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. The design of the product’s appearance, surface pattern, and color has a protection period of 10 years).

(2) Required documents and information

Fill in the "Patent Information Form"

1. Indicate the type of patent applied for (utility model);

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2. The applicant’s name, address, zip code, and nationality (if the applicant is a natural person, provide the first applicant’s ID number; if the applicant is an enterprise or legal entity, provide the first applicant’s enterprise code );

3. Name, address, and nationality of the inventor or designer (the inventor or designer should be a natural person);

4. If priority is required, provide priority The application country, application date, and application number;

5. Other requirements of the applicant for the application.

"Patent Agency Power of Attorney"

Signed and sealed by all applicants (if the applicant is a natural person, he or she must sign; if the applicant is an enterprise or legal entity, the official seal must be affixed)

Application documents for invention patents

1. Pictures or photos of the design (in 4 copies);

2. State the use of the design product name and category;

3. Or submit photos or pictures of six-sided views that meet the requirements (ie: front view, rear view, left view, right view, top view, bottom view,) and three-dimensional views, if the views are symmetrical, one view can be omitted, but it needs to be explained with text;

4. A brief description should indicate the main creative parts, whether to protect the color and the situation of omitting the view, requiring color protection For the appearance design, submit two copies each of color and black-and-white pictures or photos;

5. The size ratio of the views in the above pictures or photos must be consistent, and the size of the pictures or photos should be between 3cm × 8cm and 15cm ×22cm; the background of the picture or photo should be solid color, and the background should not contain other items or patterns unrelated to the design;

6. If priority is requested, a copy of the priority document should be provided .

(3) Notes and related instructions

A. Agency matters

1) Before applying for a patent, it is best to conduct a patent literature search to find out whether there are any similar The design has been patented.

2) The agent prepares the application documents based on the materials provided by the applicant, and submits them to the applicant for review and signature before submitting them to the Patent Office.

3) If you entrust our company to make pictures or take photos, additional drawing fees and photography fees will be charged.

4) Our firm handles the procedures for paying various fees to the Patent Office on behalf of the applicant, promptly forwards various notices issued by the Patent Office to the applicant, and at the same time informs the applicant of matters needing attention or makes corresponding suggestions.

5) If the applicant's address or contact person changes, please notify us in time to ensure that relevant notices and materials are sent and received correctly.

B. Procedure description

1) After receiving the authorization notice, the applicant shall complete the registration procedures and pay the prescribed fees within 2 months. Failure to complete the registration formalities upon expiration shall be deemed to have given up the right to obtain patent rights.

2) After the patent right is granted, the patentee must pay an annual patent fee every year. There will be a six-month lag period after the patent right is overdue. The annual fee can still be paid, but a late payment fee must be paid. If the patent annual fee is not paid at the expiration of the overdue period or the annual fee and late fee for the current year are paid in full, the patent right shall be terminated from the expiration date of the previous year.

3) Transfer procedures can be handled at any time during the patent application process or after the patent is approved.

4) If the applicant wants to file a foreign patent application based on the filed Chinese design patent application, the applicant should complete the external application procedures within 6 months from the Chinese application date in order to enjoy priority . Consult Beijing Zhongshenghui Intellectual Property Agency Co., Ltd.

Question 6: How to apply for a design patent and what information is required? The steps are as follows:

1. Prepare materials: When applying for a design patent, the application documents should include: design patent request, pictures or photos (if color protection is required, color pictures or photos should be submitted) and A brief description of the design, in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed.

(A writing example can be downloaded from the website of the State Intellectual Property Office in "Home>Patent Application Guide>Pre-Application>Application Document Preparation")

If you want to request mitigation fees, you also need to do so at the same time Submit the "Request for Cost Mitigation" and supporting materials.

The above required forms can be downloaded from the "Services, Form Download" column of the State Intellectual Property Office website.

2. Mail it by registered post to the Acceptance Office of the State Intellectual Property Office (No. 6, West Tucheng Road, Jimenqiao, Haidian District, Beijing (100088))

3. Wait for receipt After accepting the notice, pay the application fee as required in the notice. (The application fee is 500, if it is reduced, it is 75 for individuals and 150 for units)

4. If there are no problems with the application materials, wait about 6-9 months.

5. After waiting for the "Notice of Registration Procedure" and "Notice of Authorization", pay (registration fee, stamp duty 205, and annual fee for the year of authorization 600, if you have previously applied for mitigation, the annual fee is only 180 )

6. Then. . . . . Wait for the certificate.

Question 7: What is the determination of design patent infringement? Functional determination and product shape determination. Infringement must be two products with the same or similar functions. This is the premise. Under the premise , the appearance is similar or identical to determine infringement.

When comparing a design patented product with an alleged infringing product, the comparison should generally be based on the six-sided views defined in the patent announcement or photos. When comparing and judging whether they are the same or similar, the main parts and the overall observation are generally used. However, for three-dimensional products, the six faces are not necessarily important parts of the design, and parts that are not easily visible are generally not used as important parts for judgment. The so-called important part refers to the parts of certain products that can easily attract the attention of ordinary consumers. This part is called the important part of the product. The determination of the essential parts should be based on the usage status of the product, the common design forms of previous similar or similar products, and the impact on the overall visual effect.

The methods for determining infringement of design patents are summarized as follows: Direct comparison method The direct comparison method includes two aspects. One is to directly compare the pictures or photos of the accused infringing product with the patented product. . When adopting this method, special attention should be paid to the poor visual effect when making comparisons. In particular, the visual effects of patent pictures using strokes are somewhat different from the visual effects of finished products. The difference in visual effects of these pictures cannot be regarded as a difference between the patent and the product. Differences between the allegedly infringing products. The second is to directly compare the design patented product produced by the patentee or licensee with the product accused of infringement. This comparison has the best effect and is also the easiest to judge whether it is the same or similar. However, it should be noted that the patent right Whether the product produced by the person or licensee is exactly the same as the picture or photograph when applying for the patent. After applying for a patent, many companies continue to improve product design, and the actual products produced often differ from those when the patent was applied for. Therefore, when using products for direct comparison, differences or changes from patent documents should be eliminated, because the scope of design patent protection is based on the pictures or photos in the application approval document.

Cross-reference method The cross-reference method is generally more suitable for design patents that are closely related to publicly known public products. In real life, many product designers always design products based on existing well-known public products. When several people or companies make new innovative designs with reference to a certain product, the later designed products will more or less always have many similarities or similarities with the previously known public products. In this case, a cross comparison should be made to determine whether other people's products constitute infringement. The specific method is to first compare the alleged infringing product with a known public product, and then compare it with the patented product. If the alleged infringing product is closer to a known public product, it does not constitute infringement. This cross-comparison is used to eliminate the similarities caused by well-known public products. Otherwise, it would be unfair to the alleged infringer.

Perspective comparison method The suburban comparison method refers to comparing the similarities and differences between the patent and the allegedly infringing product from different viewing angles. Appearance patents usually have six sides. If the other side of the symmetry is the same, one side can be omitted, and the bottom or back, which is not easily visible in actual use, can also be omitted. Therefore, some pictures may only have four or five sides. When comparing similarities, you should first look at the front view, and then compare the side view or house view. For many products, the similarities and differences between looking down and looking up are generally not very important, but for smaller products, such as toy pistols, all views are easy to see. Parts are often not prioritized, so their similarities and differences should be comprehensively judged from various perspectives.

For some transparent or translucent products, attention should also be paid to the visual effects in the transparent state. If another product has the same appearance and shape, but another product adopts a completely transparent design, its visual effect may be very different, making it difficult to confuse and distinguish two products with the same shape. At this time, the same judgment cannot be easily made.

For some products that have multiple changing states during use, attention should also be paid to the visual contrast effects in different states. Infringement judgments cannot be made based on the approximation in one state.

In addition, you can also compare from the design key points of the exterior design. The design key points are often its unique and innovative points. If the key points of the design are the same or similar and there is no obvious difference in the remaining parts, it shall be deemed as infringement.

When judging whether a design product is infringing, you should observe and compare it from several perspectives, and finally make a comprehensive judgment whether it is the same or similar.

Question 8: Requirements for design patents. What is a design patent search report? Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. The design for which a patent right is granted shall not belong to an existing design, and no unit or individual has applied for the same design to the patent administration department of the State Council before the application date, and it shall be recorded in the patent documents published after the application date. When applying for a design, a request, pictures or photos of the design, and a brief description of the design should 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. 1. Before the patent law was revised in 2008, it was called "patent search report", but now it is called "patent right evaluation report". 2. The patent right evaluation report is the State Intellectual Property Office's search for relevant utility model patents or design patents at the request of the patentee or interested party, and determines whether the patent complies with the authorization conditions stipulated in the Patent Law and its implementation rules. Conduct analysis and evaluation and make reports. The patent right evaluation report is evidence for the People's Court or the patent management department to hear and handle patent infringement disputes. 3. The reason for making a patent right evaluation report is that utility models and designs have not undergone substantive examination during the authorization process, and there may be defects in novelty and creativity.

Question 9: What are the differences between trademark rights and design patent rights? From the perspective of legal protection, although designs and trademarks belong to the same category of intellectual property rights, they are protected by patent law and trademark law respectively. The main differences between the two are: 1. They have different tangible carriers. Although both designs and registered trademarks are intangible property rights granted by law to the owner or holder of the right, they are different as the tangible carriers of these intangible property rights. The design as a carrier must be a product with a fixed shape and can directly reflect its value and use value, while a registered trademark is a product logo formed by text, graphics or a combination thereof, and its carrier is a commodity.

2 The protected content is different. Design patents directly protect the shape, pattern, color or combination of products, and the patentee enjoys the right to manufacture, sell, and export the product. Registered trademarks maintain the reputation of product producers or distributors and the quality of their products by protecting the exclusive rights of trademarks, and accept the supervision of consumers, pray for advertising, open up markets, promote foreign trade, and stimulate consumption. 3 The requirements for novelty are different. For a design that is granted a patent right, novelty is a basic condition for a design to be granted a patent right; and a trademark approved for registration only needs to be different or different from a trademark that has been registered or preliminarily approved by others on the same type of goods before the application date. Similarity is sufficient. An unregistered trademark will not affect the review and approval of a registered trademark regardless of when it is used. 4 The protection periods of the two are different. The protection period of a design patent is 10 years. When the period expires, the right holder does not apply for renewal. If the protection period expires or the patent right expires, and if you need to continue to use it after the expiration of the validity period, you should apply for renewal within 6 months before the expiration.