How to make an international application for a design by way of referral by the National Knowledge Bureau
Release time:
2024-04-19 11:01
1.Ways of filing international applications for designs
(1)The applicant may submit an application for international registration of the design directly to the International Bureau. The application documents shall be written in English, French or Spanish. The specific operations are as follows: Electronic application platform available through the International BureaueHagueSubmit (https://hague.wipo.int, The International Bureau's "Hague User Guide" has detailed operating instructions), or it can be sent to the International Bureau by paper (mailing address:World Intellectual Property Organization, 34, chemin des Colombettes, P.O. Box 18, 1211 Geneva 20, Switzerland)。
(2)The applicant may also choose to transmit the application documents for international registration of the design to the International Bureau through the Office of the Contracting Party, but other subsequent documents shall be submitted directly to the International Bureau.For example, if at least one applicant has a habitual residence or place of business in China and has chosen China as the applicant's contracting party, the applicant may also choose to forward the application documents for international registration of the design to the International Bureau through the State Intellectual Property Office, but please note thatApplication documents should be written in English and provide Chinese communication information in Mainland China..
2.Documents to be prepared for international application for design transmitted through the National Knowledge Bureau
(1)DM/1Table: is the World Intellectual Property Organization (WIPO) a request form prepared by the International Bureau for the submission of an application for international registration of a design,DM/1Tables can also contain attachmentsITo AttachmentV. Among them formAnnexIIs the designer qualification statement (When specifying the United States,should be submittedthe statement),AnnexIIIt is a document on the exception of lack of novelty (Designated China, Japan and/or South Korea,Can submitthe proof),AnnexIIIIt is to determine the information known to be eligible for protection for the design concerned (When specifying the United States,Can submitthe document),AnnexIVIt is a certificate of certification of a small and micro entity requesting a waiver of a separate designation fee (When specifying the United States,Can submitthe document),AnnexVIt is a priority document.(Designated China, Japan and/or South Korea,Can submitthe certificate). The International Bureau has developed an annexITo AttachmentVThe title page form. When using, it is recommended to fill in and attach the corresponding documentsDM/1Table Annex andDM/1tables are submitted together. Applicants can download the latest edition in The Hague column on the International Bureau websiteDM/1The specific requirements for filling in the form can be found in the Hague User's Guide on the International Bureau's website.
(2) Picture or photo:A picture or photograph of an industrial design is referred to in the Hague system as a copy of the industrial design,It is a necessary document to apply for an application for international registration of a design.. Applicants can useImage or photo template of application for international registration of design provided by State Intellectual Property Office"132002Table"made, and convertedPDFformat.For the specific requirements of pictures or photos, please refer to the following table andWIPOThe application of<The Hague Agreement>The relevant provisions of Part IV of the Administrative Procedures..
(3)Chinese information table:Chinese Information Sheet"132005Table"It is mainly used to record the necessary information of the applicant and the designer, especially for the contact between the State Intellectual Property Office and the applicant.
(4)Other supporting documents:Other documents submitted by the applicant at the same time as the above-mentioned documents may be submitted in the form of "other supporting documents.
3.The manner in which an international application for a design is submitted through the National Knowledge Bureau.
(1) Online submission:First of all, register as a user of the "patent business processing system". after registration, you can use the client of the patent business processing system or the web page version of the patent business processing system (http://cponline.cnipa.gov.cn) SubmissionPDFThe format ofDM/1Tables, pictures or photos, other supporting documents, and fill in the Chinese information form. If you need to payDM/1ofAnnexI-AnnexV, the relevant attachments can bePDFThe format of“Other supporting documents”WithDM1Table Submission.
(2) Paper Submission:Paper will apply for documentsMail it to the Patent Office of the State Intellectual Property Office or submit it to the Patent Office of the State Intellectual Property Office.. The Patent Office of the State Intellectual Property Office is established in various places.The Agency will not accept the application documents for international registration of designs for the time being..
(3)Special reminder: through the State Intellectual Property Office to transfer the design of the international registration application, whether electronic or paper submission, allIf you cannot enjoy the fee discount for electronic applications, the applicant shall pay the fee amount in accordance with the relevant standards for paper applications.. For example, if the design picture or photo is multiple pages, a publication surcharge is required. The applicant may arrange multiple pictures or photos on each page of paper, but it shall not affect the clarity and shall not exceed the applicable.<The Hague Agreement>The administrative regulations of25frame.
4.For an application for international registration of a design designated in China, the foreign applicant is
Do you need to entrust a Chinese patent agency?
Foreigners, foreign enterprises or other foreign organizations that do not have a habitual residence or business office in China,If you need to apply for the international registration of a design designated in China, the affairs of the Chinese national procedure., such as the reply notice, when going through legal formalitiesshall entrust a patent agency lawfully established in China.There is no need to entrust a patent agency to submit a copy of the earlier application documents or pay the fee.