How to apply for a picture copyright patent-how to apply for a picture copyright

How to apply for a patent for an original picture is actually not patentable. Patent protection in China is based on the application in industrial production, but pictures cannot be patented. If you want to apply for a patent, you can apply for a design patent with the packaging of the picture design, and there is a product as the carrier, otherwise you can only apply for copyright protection.

If you want to apply for a patent for design, the materials needed to apply for a patent for design are:

1. When applying for a patent for design, you need to prepare photos or pictures of the design, but you should pay attention to the clarity of the photos to avoid the inability to clearly display the design of the product due to focusing and other reasons.

2. The photo background should be single, so as to avoid anything other than the design product. There must be a proper brightness difference between the product and the background to clearly show the appearance design of the product.

3. Photographing should usually follow the rule of orthographic projection to avoid the distortion caused by perspective from affecting the expression of product design.

4. Photos should avoid the expression of product design affected by strong light, reflection, shadow and reflection.

5. Products in photos should usually avoid containing content or background, but when the product design can be clearly displayed by relying on content or background, it is allowed to keep content or background.

Picture copyright protection copyright does not need to apply, and it is automatically protected by copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the state has established a voluntary registration system for copyright of works in view of how to apply for copyright protection of pictures. Copyright owners can register copyright of works with China Copyright Protection Center or the copyright administrative departments of provinces (cities, autonomous regions). In China, the principle of automatic acquisition is adopted for how to apply for copyright protection of pictures. Works are produced voluntarily from the date of creation, and registration of works is not a necessary procedure for obtaining copyright. Works should be registered voluntarily. Whether a work is registered or not does not affect the copyright obtained by the author or other copyright owners according to law. Therefore, works without copyright marks are still protected by copyright. How to apply for picture copyright protection?

(1) Pictures belong to works of art in the copyright law and are protected by the copyright law. You can design your own pictures and go to the provincial copyright bureau where your ID card is located to work in copyright registration. Once it is found that others use your work without permission:

(1) If the work is copied, you can file an administrative complaint with the provincial copyright bureau and request administrative protection;

(2) If the work is plagiarized, you can bring a civil lawsuit to the people's court to safeguard the legitimate rights and interests.

(2) downloading copyrighted pictures of others from websites for commercial use without permission will bear civil liabilities such as compensation; Those who harm the public interest shall bear administrative responsibility; If the circumstances are serious, they shall also bear criminal responsibility. How to prove that you enjoy the copyright of a work is the most direct way. In addition, the copyright certificate of a work obtained through copyright registration, or the submission of a manuscript of a work claiming copyright, a certificate issued by a certification body, a contract for obtaining rights, etc., will be presumed to be the copyright owner.

(1) Application fee for software copyright registration, 250 yuan/piece. This fee is limited to the registration of the program and one of its documents. For example, if you apply for multiple certificates, you will receive more 80 yuan for each additional certificate. Abnormal margin handling fee, 320 yuan/piece.

(2) Filing fee for right transfer, assignment or license, 300 yuan/piece; Inheritance: 200 yuan/piece.

(3) Software copyright renewal fee, 550 yuan/piece.

(4) The fees for the Software Copyright Registration Certificate, the Software Rights Transfer Filing Certificate and the Software Copyright Renewal Certificate are each 50 yuan/piece.

(5) Change or supplement the registration fee 150 yuan/piece.

(6) Objection request fee, 150 yuan/piece.

(7) Review request fee, 150 yuan/piece.

(8) The storage fee of the software source program is less than 100 pages 120 yuan, and if it exceeds 100 pages, a 2 yuan will be charged for each additional page.

(9) The processing fee is requested to be postponed for the first time 100 yuan/piece, and for the second time in 200 yuan.

legal ground

：

patent law

Article 26

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

patent law

Article 27

To apply for a patent for design, a request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.

Copyright law of the people's Republic of China

Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) other intellectual achievements that meet the characteristics of the work.

How to apply for the copyright of a picture The copyright of a picture does not need to be applied, and it is automatically protected by the copyright law from the date of creation. However, in order to safeguard the legitimate rights and interests of authors or other copyright owners and users of works, help solve copyright disputes caused by copyright ownership, and provide preliminary evidence for solving copyright disputes, the state has established a voluntary registration system for copyright of works, and copyright owners can apply to state organs for registration.

China copyright protection center

Or the copyright administrative department of each province (city or autonomous region) shall register the copyright of the work. According to the provisions of relevant laws, those who apply for copyright registration of pictures, if they are photographic works, need to pay the registration fee. For each piece of 300 yuan, if it is a series of works, the second piece is 100 yuan. The applicant submits the registration application materials-the registration institution checks the receiving materials-notifies the payment-the applicant pays the registration fee-the registration institution accepts the application-examines-produces and issues the registration certificate-and makes an announcement.

Material requirements: materials and requirements for applying for copyright registration of works: (1) Fill in a complete application form for copyright registration of works as required; (2) the identity certificate of the applicant; (3) Proof of ownership of rights; (4) Samples of works (samples of works in paper or electronic media can be submitted); (5) Description of the work (please write it from three aspects: creative intention, creative process and originality, and sign it by the author); (6) When entrusting others to apply for it, the agent shall submit it to the applicant.

Authorization letter

; (7) the identity certificate of the agent.

How to check whether a picture is infringing? Picture infringement generally involves the copyright of pictures, the graphic registration of trademarks and the application for patent for appearance. Whether a picture is infringing depends on whether the copyright of its graphics is registered. Copyright is automatically generated at the beginning of design and is not announced to the public. It's hard to find. Even if the original author does not register copyright, it is difficult to prove the source. Put it another way, you can imagine it yourself. But the trademark is announced to the public and can be found. As far as trademarks are concerned, it is easy to judge whether the rights of others have been infringed. As for the inquiry of appearance patent, we can only find it.

Patent number

Legal basis:

copyright law

Article 2 stipulates that works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law. The works of authors and stateless persons from countries that have not signed agreements with China or participated in international treaties are first published in the member countries of international treaties to which China is a party, or published in both member countries and non-member countries at the same time, and are protected by this Law.

Legal analysis on how to apply for appearance patent: 1 Submission stage. When all the materials are ready, go to the patent office to submit a request for a patent for design; You can also entrust a professional organization to help submit the request.

2. Acceptance stage. Under normal circumstances, after submitting the request, the Patent Office will issue a patent acceptance notice in about 1-2 days, and when the Patent Office issues an acceptance notice, it has already issued an acceptance number, which is the future patent number.

3. Inspection stage. The patent office will begin to check the request and check the novelty of the design patent.

4. Authorization stage. After the preliminary inspection finds no problems, the Patent Office will issue a power of attorney. Patents enter the next notification stage after paying the licensing fee (the licensing fee is generally 295 yuan, which will be higher if there is no reduction, which will cost more than 800 yuan).

5. Certificate preparation stage. After paying the fee, the patent office will organize typesetting and printing, make certificates and mail them. At this moment, the appearance technology patent will officially enjoy the patent right, and the patented product symbol can be marked on the product (when marking the patented product, remember to mark it according to the relevant specifications, and remember that the relevant part will be fined.

6. Maintenance phase. Follow-up needs to pay an annual fee to keep the patent valid. The general period is 10 year. If you pay an annual fee, 90 yuan will be more and more expensive in the first three years. It is necessary to judge whether the demand will continue to be updated according to the shopping cycle of this product. If there is no shopping cycle, there is no renewal.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.