What are the precautions for product appearance design
First of all, the function of using the product name of the design is clarified: use The product name of the design has a descriptive effect on the product represented in the picture or photo.
The Patent Law provides for the protection of design patent rights The scope is subject to the design patent product shown in the picture or photo. In fact, in some cases, the content of the applied design cannot be clearly identified from the pictures and photos, and the pictures or photos need to be explained through the product name and a brief description. Moreover, the word "different" in Article 1 of the Patent Law means that not only the product designs themselves are different, but also the products using the design solutions are also different, that is, they are not the same product. The design is a product that can be suitable for industrial applications. as a carrier.
Since the product name "shortly and accurately indicates the product requested for protection", it determines the specific product to which the design is applied, and is also an important basis for determining the subject of design patent protection. In my country, when handling disputes over design patents, when considering product types when judging the similarity of designs, the purpose of the product specified by the product name is mainly used as the criterion. The product name is important for determining the design patent. The conservation theme played an important role. For example, even if the design of a car is similar to a toy car, its appearanceIn the determination of design rights and infringement, it will not be considered that the exterior design of a toy car can be similar to the exterior design of a car, because the object of protection pointed to by its product name has changed significantly and belongs to different categories. Consumers do not The two will be confused and misidentified, so the two products are not the same or similar products.
In view of the product name in the design application document important status, this review guideline has more detailed restrictions on the use of product names.
I hope that through the above content you can have some understanding of the court’s decision Have a more in-depth understanding of issues related to product design considerations. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.