How to determine the scope of protection of design patent rights
Article 59 of the Patent Law The second paragraph stipulates: “The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos.” It can be seen that my country’s patent law protects not pure design, but the combination with the product. appearance design. In this sense, the design protected by my country’s patent law must be based on the product and cannot exist without the product. The scope of protection of my country’s design patent rights includes two factors: the design and the product to which it is attached.
Items that cannot be included in the scope of design patent protection:
1. Buildings, bridges, etc. Products that cannot be assembled in factories, such as residences, museums, etc.; however, building components such as doors, windows, and small mobile houses that can be mass-produced in factories are not subject to this limitation.
2. Objects without fixed shapes such as gases, liquids or flowing substances, as well as powdery and granular aggregates.
3. Parts of the product that cannot be sold and used separately, such as knife handles, water cup handles, etc.
4. It cannot be used for visual or items that are difficult to judge with the naked eye.
5. It is not a protective design required by the shape of the piece itself.
6. Products that use natural objects as the main body of the design and cannot be mass-produced.
7. Works that are purely within the scope of fine art, such as paintings, sculptures, etc., are not granted design patent protection.
8. Creations that are easily carried out by people with general knowledge or skills in the relevant technical field, and designs based on common shapes and patterns.
9. Imitate the designs and images of famous works, buildings, and portraits, and keep them intactImmovable use on patented products.
10. National flag, national emblem, trademark and other signs.
The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation.
