How to submit a patent application for a similar design
First, follow the According to the examiner's request, it is relatively simple to choose to retain one patent application and withdraw the other patent application, but the patent applicant loses the possibility of obtaining authorization for the other patent application;
The second is that the patent applicant contends that the two patent applications do not belong to the same design. This will As a result, both patent applications are rejected. After both patent applications are rejected, the patent applicant can submit a reexamination request to the Patent Reexamination Committee of the State Intellectual Property Office. But in this case, the patent applicant’s time and expense costs will increase.
How to determine design patent infringement
In practice , the determination of design patent infringement generally takes the following three steps:
1. Determine the scope of protection of the design patent right. According to the second paragraph of Article 56 of the Patent Law, the scope of protection shall be based on the patented design product shown in pictures or photos.
2. Determine whether the design patent product and the infringing product are the same or similar products. Usually, the function and use of the product are used as the standard, and the classification of relevant goods is referred to the International Design Classification Table. If the design patented product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods. If the two products are not identical in terms of functions and uses, it can be determined that they are neither the same product nor similar products, and therefore patent infringement is not established.
3. Compare the design of the patented product with the alleged infringing product to determine whether they are the same or similar. The appearance design is the same as the composition of the appearanceThe shape, pattern, color and combination of the designed products are completely consistent; similar appearance design means that the use of the design may cause confusion and make people mistakenly believe that the product using the design is a patented product. This judgment is usually made from the perspective of ordinary consumers, by observing the key parts of the patented design and the design of the product accused of infringement, and making an overall judgment. Determine whether it constitutes the same infringement, equivalent infringement or no infringement based on the comparison results.
How to submit a patent application for a similar design? If the appearance design is very similar, it is recommended that you change it before submitting it, otherwise it will be easily returned even if it is submitted. If you want to find out whether a patent application submitted for a similar design will be rejected, you can ask a lawyer online at the Legal Savior Network.
