What is the review system for design patent applications?

In practice, many of us may be exposed to issues such as the review system for design patent applications, but because we don’t know much about it, many things are not very clear. So next, the editor of Legal Savior Network has compiled some relevant information to let you know what the review system is for design patent applications.

What is the review system for design patent applications

Utility models and appearance If no reason for rejection is found after preliminary examination of the design patent application, the patent administration department of the State Council will make a decision to grant a utility model patent right or a design patent right, issue a corresponding patent certificate, and register and announce it at the same time. Utility model Patent rights and design patent rights take effect from the date of announcement.

my country's application for utility model and design patents adopts The formal examination system, also known as the registration system, means that as long as the patent administrative department, after preliminary examination, deems that the application procedures are complete and conforms to the legal form, the patent right will be granted. The formal examination system is adopted mainly because the contents of utility models and designs are relatively simple. Only formal examination can speed up the approval process, so that these practical technologies can be utilized by society as soon as possible and give full play to the role of the patent system. For utility models and designs that have obtained patent rights without meeting the substantive conditions for obtaining patent rights stipulated in the Patent Law, they can be declared invalid through subsequent invalidation applications and declaration procedures.

After preliminary examination of utility model and design patent applications, if no reason is found that the application should be rejected according to law, the patent administration department of the State Council shall make a decision to grant a utility model or design patent right, and issue a notice of grant of patent right to the applicant in accordance with the provisions of the Implementing Rules of the Patent Law. The applicant shall complete the procedures for registering the patent right and obtaining the patent certificate within the specified time from the date of receipt of the notification. The patent administration department of the State Council shall issue an invention patent certificate to the person who granted the patent right, and shall register and announce it at the same time. Utility model and design patent rights shall take effect from the date of announcement.

I hope that through the above content you can have a deeper understanding of issues related to the review system for design patent applications. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.