The application and examination process for a European Union Design patent involves several key steps, each of which requires careful preparation and handling. Here is a detailed description and a description of the specialization:

1. Filing

An applicant may file a design patent application directly with the European Union Intellectual Property Office (EUIPO). Applications can be submitted in two ways:

Online submission: Submission via EUIPO's online application system is the most common and convenient way to quickly process and submit relevant documents.

Paper submission: Paper submission is made by mail or in person, but this method takes longer to process and is relatively expensive.

Application documents usually include:

Application form

Design drawings or photographs showing all views of the design

Details of the applicant and designer

Written description (if required)

2. Examination of the Conditions of Filing

At the proforma review stage, the EUIPO checks the submitted application documents to ensure their completeness and compliance. The main contents of the formal review include:

Document integrity: Ensure that all necessary documents and information have been submitted, including application forms, design drawings, etc.

Formatting correctness: Check that the submitted drawings or photos are clear and accurate and comply with the formatting requirements of the EUIPO.

If problems are identified during the proforma review, the EUIPO will inform the applicant to make amendments or additions.

3. Publication Stage

Applications that pass the formal review will be registered and published in the EUIPO database. There are two types of announcements:

Immediate publication: Details of the design will be published as soon as the application passes the form review.

Delayed disclosure: If the applicant requests a delayed disclosure, the EUIPO will only publish basic information, such as the application number, application date and applicant information, but not design details. Disclosure can be delayed for up to 30 months.

4. Registration

Once the design has passed the form review, it will be officially registered and published in the Community Designs Bulletin (CDB). The registration certificate will be issued to the applicant, formally confirming the protection rights of the design.

5. Fee Payment

There are a number of fees involved throughout the application and registration process, including but not limited to:

Registration Fee: The basic fee payable when submitting the application.

Disclosure fee: The fee payable when the design is disclosed.

Extension Fee: An additional fee payable when requesting a delay in disclosure.

The payment time and method of the fee shall be strictly in accordance with the requirements of the EUIPO, otherwise the application may be delayed or rejected.

Main characteristics and comparison

Examination method: EU design patents are only examined in form, not in substance. In contrast, the United States Patent and Trademark Office (USPTO) conducts a rigorous substantive examination of design patents, assessing the novelty and uniqueness of the design.

Duration of protection: EU design patents are protected for a period of five years, which can be renewed four times for five years each, up to a maximum of 25 years. The term of protection of a U.S. design patent is 15 years, counting from the date of grant.

Disclosure and delayed disclosure: In the European Union, applicants can request a delay of disclosure for up to 30 months. During the delay, only basic information is disclosed, and design details are not disclosed.

Costs: The cost of filing and maintaining an EU design patent is relatively low. Even including renewal costs, the overall cost is still lower than for U.S. design patents.

From the above detailed process and comparison of characteristics, it can be seen that the EU design patent application process is relatively simple and low cost, as they only need to pass formal examination. However, this also means that the protection of designs may not be as comprehensive as that of substantively examined U.S. design patents. The rigorous examination process in the United States, while taking longer, ensures the uniqueness and legal soundness of the patents granted.