1. Conditions for obtaining design patent rights
1. Appearance design Conditions for obtaining patent rights:
(1) The elements meet the requirements. That is, appearance design should refer to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern;
(2) All materials are available. That is, the party concerned shall submit a request for submission, pictures or photos of the design, and a brief description of the design;
(3) Other conditions.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 2,This Law Firm The so-called inventions and creations refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to the aesthetic and suitable design of the overall or partial shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs for industrial applications.
Article 26,When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.
Article 27: To apply for a design patent, a request must be submitted , pictures or photos of the design and a brief description of the design and other documents.
2. What are the substantive conditions for granting design patent rights?
Granting design patent rights The essential conditions are:
1. The design patent right is granted for a design of shape, pattern, color or a combination thereof;
2. The appearance of the product should be designed and aesthetically pleasing;
3. It must be suitable for industrial applications.
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