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How to apply for a patent for appearance
1, application stage. The documents to be submitted when applying for a patent for design include: a request for a patent for design, pictures or photographs. Where color protection is needed, if color pictures or photos are needed, they need to be submitted in duplicate. When submitting pictures, they should all be pictures; All the photos submitted are photos, and pictures or photos are not allowed to be mixed. Where a patent agency is entrusted to apply, a power of attorney must also be submitted.
2. Review stage. China implements a preliminary examination system for applications for design patents. In the process of preliminary examination, Patent examiners mainly examines the formal problems, and will issue a notice of correction if it needs to be corrected. If the application documents are incorrect and need to be corrected, the applicant needs to make corrections according to the notice, and the examiner will examine whether they belong to the protection scope of the design patent. If not, the examiner will issue a notice of review opinions, and the applicant will reply to the notice of review opinions or modify the application documents.
3. Authorization stage. After passing the preliminary examination, Patent examiners will issue a notice of granting the patent right to the applicant. After receiving the notice, the applicant can go through the corresponding registration procedures, including paying the patent registration fee, the annual fee for authorization, the printing fee for announcement and the stamp duty for patent certificates.
4. Issue certificates. After the applicant has gone through the registration formalities, he can obtain a patent certificate.
Legal basis:
patent law of the people's republic of china
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.
Article 40 If the application for a patent for utility model or design is not found to be rejected after preliminary examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time. The patent right for utility model and the patent right for design shall take effect as of the date of announcement.
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