Is there any patent right for product design?

In practice, many of us may be exposed to issues related to product Design, but because we don’t know much about it, there are many things that are not very clear. Regarding this question, next, the editor of Legal Savior Network has compiled some relevant information and will let you know together with your friends whether there is a patent right for product design.

Does product design have patent rights?

Does product design have patent rights? A design patent refers to a new design of a product's shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial application. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products.

The difference between trademark rights and design patent rights:

1. Trademark rights and design patents The components of rights are different. Design patents take aesthetics as the core and are creative, novel and practical. Trademarks are mainly for identification purposes and require distinctiveness, but they do not necessarily have aesthetic appeal. For example, trademarks such as "Goubuli", "Laogandaddy", "Laoganma" and "Jiugui" are hardly aesthetically pleasing.

2. Trademark rights and design patent rights have different functions. A trademark mainly distinguishes different sources of identical or similar goods or services through its distinctiveness. It is attached to the goods or their packaging and does not change the goods themselves, just like adding an identification mark to the goods. Appearance design highlights its practical characteristics and requires the beauty and novelty of the product. It changes and determines the appearance of the product and often becomes an integral part of the product.

In addition, the Patent Law confers different protection periods on trademark rights and design patent rights. The Patent Law gives design patents a protection period of 10 years. When the period expires, if the right holder does not apply for renewal, the patent rights will expire when the protection period expires. After the 10-year protection period granted to trademark rights by the Patent Law expires, the rights holder enjoys unlimited renewal opportunities for 10 years each time. If the right owner has no intention of terminating the trademark rights, theoretically the trademark rights are indefinite.

I hope that through the above content you can have a deeper understanding of some issues related to product appearance design. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.