How long does it take to obtain a design patent?

If a design patent is deemed to meet the requirements of this Law upon preliminary examination by the Patent Administration Department of the State Council, it will be published immediately after eighteen months from the date of application. Regarding the question of how long does a design patent last, the editor of Legal Savior Network will give you a detailed answer below.

1. How long does it take to obtain a design patent?

1. If the design patent is approved by the State Council If the patent administrative department determines upon preliminary examination that it meets the requirements of this Law, it will be announced immediately after eighteen months from the date of application.

2. Legal basis: "Patent Law of the People's Republic of China"

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 requiring patent protection.

Article 34: After the patent administration department of the State Council receives an application for an invention patent, and upon preliminary examination determines that it meets the requirements of this Law, the patent administration department shall, after ten years have passed since the date of application, It will be announced in eight months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.

2. What are the constituent elements of patent infringement

The constituent elements of general civil tort liability usually include four aspects: illegal acts, damage results, causal relationship between illegal acts and damage results, and the subjectivity of the actor There is fault.

For patent infringement liability, the constituent elements mainly include the following aspects:

1. The object of infringement should be a valid patent that enjoys patent rights in my country. First of all, in view of the regional nature of patent rights, valid patents should generally refer to patents authorized by the State Intellectual Property Office. Secondly, in view of the timeliness of patent rights, only if the patent rights are not due to payment of fees, invalidation declaration, or abandonment within the specified protection period,Patent rights that have expired due to other reasons are valid patents.

It should be noted that if a patent right is declared invalid for some reason, the patent right will be deemed to have not existed from the beginning, so even if It is not enough for someone else to have implemented it before to constitute patent infringement.

2. There are illegal activities. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.

It should be noted that Article 69 of the Patent Law stipulates five types of behavior that are not considered to be infringement, which are exceptions to patent infringement liability. If the behavior If a person cannot provide evidence to use this as a defense reason, the perpetrator should be determined to have committed patent infringement and bear liability in accordance with the law.

3. The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence. The so-called intentionality means that the actor knows that his behavior is an infringement of the patent rights of others and carries out the behavior; the so-called negligence means that the actor carries out the behavior of infringing the patent rights of others due to negligence or overconfidence.

4. It should be for the purpose of production and operation. Article 11 of the Patent Law stipulates: After an invention-creation is granted a patent right, no one may exploit the patent, except as otherwise provided in this Law, and the exploitation shall not be for the purpose of production or business. Therefore, the purpose of production and operation should also be one of the constituent elements for judging patent infringement.

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