Circumstances in which a registered patent cannot be applied for
If a Design application is submitted, it should include a request for patent application and the design Pictures or photos, if the patent administration department of the State Council finds that the application document has any of the following circumstances, the patent application will not be accepted:
1. The invention or utility model lacks a request letter, The description (utility model without drawings) and claims, or the design patent lacks a request, pictures or photos;
2. The Chinese language is not used;
3. Various application documents are not printed, printed, or written in accordance with regulations, and the accompanying drawings are not drawn in accordance with the requirements for drawing graphics;
4. The serial number is not numbered with Arabic numerals as required;
5. The applicant’s name or address is missing in the request ;
6. Clearly inconsistent with the provisions of Articles 18 and 19 of the Patent Law;
">7. The category of the patent application (invention, utility model or design) is unclear or difficult to determine.
Conditions for granting design patent rights:
Although the patent law does not explicitly stipulate the granting of design patent rights A patent application for patent rights should have novelty, creativity and practicality, but the Patent Law stipulates: “The design for which patent rights are granted shall be the same as the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the date of application. The designs are not identical or similar.”
The so-called non-identical design means that before the filing date, the same design has not been published in domestic or foreign publications or Used publicly in China, it can be considered that this is a requirement for the novelty of the design for which patent rights are granted. In essence, "not identical" can be regarded as the criterion for judging whether the design is novel.
The so-called non-similar design means that compared with the design that has been publicly used before the filing date, the design has obvious features that professional designers cannot easily evolved from existing technology. Therefore, "non-similarity" here can be understood as a requirement for the creativity of the design for which patent rights are granted.
As for the practicality of design patents, the Patent Law stipulates: "The design referred to in the Patent Law refers to the shape, pattern, color or combination of the product The new design is aesthetically pleasing and suitable for industrial application." Among them, suitability for industrial application can be considered as a requirement for the practicality of the design for which patent rights are granted.
The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, the scope of patents is very broad. You can apply for patents on the company's pattern, company name, design, etc. After applying for a patent, you cannot use the applicant's patent without the applicant's permission, otherwise it is an illegal act. If you have any other questions, please feel free to consult online.
