1. What are the requirements for submitting product samples or models of appearance designs
1. When the patent administration department of the State Council deems it necessary, it may require the design patent applicant to submit product samples or models using the design. The requirements are as follows:
(1 ) The volume of the sample or model shall not exceed 30 cm × 30 cm × 30 cm, and the weight shall not exceed 15 kg.
(2) Perishable, fragile or dangerous goods shall not be submitted as samples or models.
2. Legal basis: "Implementing Rules of the Patent Law of the People's Republic of China"
Second Article 19 When the patent administration department of the State Council deems it necessary, it may require the applicant for a design patent to submit samples or models of products using the design. The volume of the sample or model shall not exceed 30 cm × 30 cm × 30 cm, and the weight shall not exceed 15 kg. Perishable, fragile or dangerous goods shall not be submitted as samples or models.
2. What are design patents
Design patent refers to a new design of the shape, pattern, color or combination of a product 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. It is completely different from an invention or utility model, that is, the appearance design is not a technical solution.
Usually, the combinations that can constitute an appearance design include: the shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern of the product and color; the shape, pattern and color of the product.
1. Industrial product shape
The appearance shape of industrial products refers to the design of the product shape, that is, it refers to the external points and The appearance outline presented by the movement, change and combination of lines and surfaces is the result of simultaneous design and manufacturing of the structure and shape of the product;
2. Industrial product appearance patterns
Industrial product appearance patterns refer to graphics composed of any arrangement or combination of lines, words, symbols, and color blocks on the surface of the product. The appearance pattern of the product should be fixed and visible, and should not be intermittent or need to be visible under specific conditions.
3. Industrial products Color
The color of industrial products refers to the color or combination of colors used on the product. The true color of the materials used to make the product is not the color of the design. The color of the product Color cannot independently constitute a design unless the color change of the product itself forms a pattern.
According to the provisions of the "Patent Law Implementing Rules", the patent management department requires When submitting product samples or models using designs, the volume of the sample or model shall not exceed 30 cm × 30 cm × 30 cm, and the weight shall not exceed 15 kg; perishable, fragile or dangerous goods shall not be submitted as samples or models. Hope the above The content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
