A design patent is a type of patent that confers legal protection on the shape, pattern, color, or combination of these elements of a product. It is of great significance to enhance the brand image and promote market competition. The term of protection of a design patent is usually 15 years, during which the patent can be exclusive. The following is a newly compiled guide to applying for a design patent.
1. Prepare application materials
1. Application form: fill in the applicant's information, design name, design description, etc. in detail.
2. Design pictures or photos: clearly display the six-sided view of the product (front view, back view, left view, right view, top view, and bottom view), and attach a three-dimensional view, section view or use status reference map if necessary. Images must meet the size and clarity requirements set by the Patent Office.
3. Brief description: A brief description of the innovative points and key points of the design will help the examiner understand the content of the design.
4. Priority document (if applicable): If an application for the same design has been filed in another country or region, the priority of the earlier application may be claimed.
II. Application Process
1. Submit your application
Submit the prepared application materials to the State Intellectual Property Office or a designated patent agency. There are two types of submission methods: online submission and offline mailing.
2. Formal examination
The patent office conducts a formal examination of the application documents to confirm whether the documents are complete and whether the format meets the requirements. If a problem is found, the applicant will be notified to make corrections.
3. Substantive examination
After passing the formal examination, it will enter the substantive examination stage. The examiner will conduct an in-depth analysis of the innovation and practicality of the design to ensure that the design meets the conditions for authorization.
4. Authorization and Announcement
If the design successfully passes the substantive examination, the Patent Office will issue a notice of grant and publish it on the official website. In this case, the applicant needs to complete the registration procedures within the specified time, including the payment of the patent registration fee, the annual fee of the year of grant, etc.
5. Issuance of certificates
After all registration formalities are completed, the patent office will issue a design patent certificate, marking that the applicant has officially obtained the patent right to the design.
It should be noted that a design patent is limited to the appearance of the product and does not relate to the technical function, internal structure or manufacturing method of the product. In the design patent application process, it is important to choose a professional and reliable agency. Among them, Datong Tiancheng has rich experience and professional team, from the initial consultation to the final authorization, to ensure that the customer's design patent application process is efficient and smooth.