Can designs be similar under patent law?

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Can designs be similar under patent law?

Article 31, Paragraph 2 of the Patent Law stipulates: A design Design patent applications should be limited to one design. Two or more similar designs for the same product, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application. Therefore, designs cannot be similar under general patent law.

Patent

Patent literally refers to exclusive rights and interests. The word "patent" comes from Latin, meaning a public letter or public document. It was used by medieval monarchs to prove a certain privilege. Later, it referred to a certificate of exclusive rights signed by the King of England himself.

In modern times, a patent is generally a document issued upon application by a government agency or a regional organization representing several countries. This document records the invention and creation. Content, and within a certain period of time, a legal state will be created whereby a patented invention can generally be implemented by others only with the permission of the patentee. In my country, patents are divided into three types: invention, utility model and design.

Patent documents, as the most effective carrier of technical information, contain more than 90% of the latest technical information in the world, which is 5-6 times earlier than the information provided by general technical publications. years, and 70%-80% of inventions and creations are only disclosed through patent documents and are not found in other scientific and technological documents. Compared with other forms of documents, patents are more novel and practical. It can be seen that patent documents are the largest source of technical information in the world. According to empirical statistical analysis, patent documents contain 90%-95% of the world's scientific and technological information.

In November 2016, the China Patent Office accepted more than 1.1 million patent applications from domestic and foreign applicants in 2015, accounting for nearly 40% of the global total, surpassing the United States and Japan. Mr. Han. The State Intellectual Property Office of the People's Republic of China is an agency directly under the State Council in charge of national patent work and overall coordination of foreign-related intellectual property matters.

The State Intellectual Property Office, formerly known as the Patent Office of the People's Republic of China (referred to as the China Patent Office), was established in 1980 with the approval of the State Council. In 1998, the State Council's organizational reform changed its name to the China Patent Office. The State Intellectual Property Office has become an agency directly under the State Council, responsible for patent work and overall coordination of foreign-related intellectual property matters. Among them, the State Intellectual Property Office has a Patent Office under the State Intellectual Property Office, which uniformly accepts and examines patent applications and grants patent rights in accordance with the law. At the same time, the people's governments of each province, autonomous region, and municipality directly under the Central Government generally have an intellectual property office responsible for patent management within their respective administrative regions.

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