How to apply for two similar designs for the same product

According to the provisions of my country's patent law, design patents are one of the very important patents in my country. The designer of the design may apply for patent registration to the patent management department. Pictures must be provided for design patent registration. According to the relevant laws of my country, the same product Two or more similar designs, or two or more designs for products of the same category that are sold or used in sets, can be submitted as one application. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. How to apply for two similar designs for the same product

1. According to the relevant laws of my country, 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.

2. "Patent Law of the People's Republic of China"

Article 31 One item An invention or utility model patent application shall be limited to one invention or utility model. Two or more inventions or utility models belonging to one general inventive concept can be filed as one application.

A design patent application shall 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.

2. How to defend your rights if a design patent is infringed

1. Self-reconciliation

It means that the infringer and the infringer sit down together and calmly solve. Generally, an agreement is reached, and the infringed party of the design patent can claim damages, or ask the infringer to pay a certain design royalties, etc.

2. Apply to the patent management authority for mediation

Generally if a settlement agreement cannot be reached, There is no need to waste time, and you can still go to the relevant departments or go to the government to solve the problem from the beginning. If it is patent administrationIf the management department handles the matter, the infringer may be ordered to stop the infringement and other penalties.

3. Sue in court

It can be decided at any time to take the litigation route, no need It can only be used after mediation between the parties, mediation by the patent department, etc. If you file a lawsuit in court, the infringed party can request compensation for losses.

4. In addition, rights holders should submit the following evidence when defending their rights:

(1) The "design key points drawing" of the design, which can illustrate the original parts and content protected by the design. If the patentee has submitted the "design key points drawing" to the Chinese national patent administration department when applying for a design patent, the patent The archives can be used as evidence to identify the key points of the design.

(2) If the design patentee requests color protection, he must provide relevant evidence recognized by China’s national patent administration department, which can be used to determine the appearance Design scope of protection.

The above knowledge is the editor’s answer to relevant legal issues. According to the relevant laws of our country, two or more similar designs of the same product, or for Two or more designs of products of the same category that are sold or used in sets can be submitted as one application. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.