Can I apply for a patent for the picture? How come? -How to apply for the intellectual property rights of pictures?

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 orthographic projection rule 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

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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 a patent for pattern design? Please provide the materials.

1. Name, address and postal code of the applicant;

2. A copy of the applicant's business license, organization code certificate or personal identity card;

3. Name, address and postal code of the inventor (natural person);

4. The telephone number, fax number and contact address of the contact person who handles the invention patent application.

2. Go through the entrustment formalities (official seal of the unit or signature of natural person).

3. Provide pictures or photos of the design (preferably taken with a digital camera).

Pictures or photographs refer to six orthographic views (front view, back view, left view, right view, top view and bottom view) and three-dimensional views of a design product. If there is no design point on the view, it can be omitted; If the views are symmetrical, you can omit one view.

The view sizes in the above pictures or photos should be consistent, and the size of the pictures or photos should be between 3cm×8cm and 15cm×22cm.

The background of pictures or photographs shall be monochrome, and there shall be no other articles or patterns irrelevant to this design. At the same time, the photo must be free from strong light, shadows and other factors that affect the image effect.

For the design that needs color protection, a color and a black-and-white picture or photo should be submitted at the same time.

If you are not familiar with the requirements of making pictures or photos, the agency can make the pictures or photos needed for the application.

4. Sign the entrustment contract and pay the patent application fee: the patent application fee includes two parts: official fee and agency fee.

Legal basis:

patent law of the people's republic of china

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.

Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.

How to apply for intellectual property rights of pictures First of all, according to the relevant provisions of China's copyright law, pictures and photos enjoy the same rights as authors and writers, that is, copyright, so pictures can apply for intellectual property rights. Second, intellectual property rights include patents, trademarks and copyrights, and it is necessary to analyze in detail what kind of intellectual property rights need to be applied for. If you apply for a picture patent, you can apply to the patent office; Anyone who applies for a trademark may apply to the Trademark Office; Anyone who applies for copyright may apply to a copyright agency for registration. People's Republic of China (PRC) Copyright Law Article 2 People's Republic of China (PRC) Copyright Law Article 4 People's Republic of China (PRC) Trademark Law Article 3 People's Republic of China (PRC) Patent Law