What are the materials for administrative review of design patent rights?
Complaints are mainly caused by citizens or business units’ complaints about a certain incident. I am not satisfied with the processing result and feel that the processing result is wrong. Complaints are usually made by submitting complaint-related materials to the relevant national agencies, which will be accepted by the relevant agencies and then re-adjudicated. Complaints are generally filed with the higher-level agency responsible for the current trial. Complaints are divided into two types: litigation complaints and non-litigation complaints. The materials include: application for reconsideration, design patent request, pictures or photos, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. If you submit pictures, both copies should be pictures. If you submit photos, both copies should be photos. Pictures or photos should not be mixed. If an explanation is needed for pictures or photos, a brief description of the design should be submitted in duplicate.
What is a design patent?
A design patent refers to: the shape and pattern of a product Or its combination, as well as the combination of color, shape, and pattern, create a new design that is aesthetically pleasing and suitable for industrial applications. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products.
Submit documents
Documents for applying for a design patent include: design patent request letter, pictures or Photographs, each in duplicate. If you require color protection, you should also submit color pictures or photos in duplicate. Both copies of a submitted picture are pictures, and both copies of a submitted picture are photos. Pictures and photos cannot be mixed. If a description is needed for pictures or photos, a brief description of the design should be submitted in duplicate. The photos should show the six-sided view of the product (front view, back view, top view, bottom view, left view, right view) and three-dimensional view. If you want to protect the pattern, you should submit the expanded view and the three-dimensional view; if you want to protect the color, you should submit the expanded view and the three-dimensional view. Color and black and white photos or images should be submitted. Figure sizes range from 3 x 8 cm to 15 x 22 cm. There must be no shadows or dotted lines on the image, the background of the photo can only be one color, and there cannot be anything else on the photo other than the requested design. In addition, regardless of whether the picture is submittedWhether it is a photo or a photograph, each view must be a front view.
The subject of comparison
Design patented products are more unique than invention and utility model patented products. Ordinary consumers often ignore the subtle differences between some of the similar products in daily life products, but professionals can easily distinguish them. When judging whether the allegedly infringing product is identical or similar to the design patented product, it is obviously unfair to the rights holder from a professional perspective. Therefore, the judgment of design patent infringement should be based on the aesthetic observation ability of ordinary consumers and should not be based on the aesthetic observation ability of professional and technical personnel in the field to which the design patent belongs. For products of the same or similar category, If ordinary consumers cannot avoid confusion by exercising ordinary care, it does not constitute infringement. If ordinary consumers cannot avoid confusion by exercising ordinary care, it constitutes infringement.
The ordinary consumers mentioned above refer to those who purchase and use the patented design product. Under normal circumstances, ordinary consumers have the same meaning as “consumer” in the Consumer Rights Protection Act. However, for non-common consumer goods, such as building materials, machine parts, power tools, etc., ordinary consumers are not the purchasers and do not have general knowledge and cognitive abilities about such goods, so they can treat them the same or similar. The subject of comparison should be the specific consumer group of such products, that is, the people who sell, purchase, install and use such products.
Taking ordinary consumers as the subject of infringement determination does not require the People's Court to pursue the opinions of real consumers when hearing design patent infringement disputes. Judges are required to put their position at the level of ordinary consumers when making judgments, to understand and perceive the similarities and differences between the comparison objects.
This is the introduction to the review materials for design patent rights. When encountering such a situation in life, you will generally consult the relevant laws and regulations and maintain it through legal means. own legal rights. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
