What are the ways to protect design patents
If there are no design key points in the design patent announcement authorization text, the patentee may Submit written materials explaining the original parts of the design and its design content. Relevant evidence submitted by the patentee to prove the development and changes of the patented product design can be considered when determining the scope of protection.
When determining the scope of protection of design patent rights, it should be Distinguish between the usage status reference diagram and the usage status view of the product in changing status. The reference drawing of the state of use is used by the Patent Administration Department of the State Council during the review process for newly developed products that do not specify the use method, purpose or function of the design product in the brief description, or for some products whose use method, purpose or function are unclear. When classifying, the view requested from the patent applicant in order to facilitate the correct classification of the product. The reference drawing of the state of use cannot be used to determine the scope of protection of the design, but it can be used as a factor in determining the product category.
The usage status view of the changing status product should be used as a final Basis for the scope of product design protection.
If the design patent right requests color protection, the design patent right shall be The color requested for protection is used as the basis for determining the scope of protection of the design patent right.One of the elements is that in the determination of infringement, the shape, pattern, color and combination thereof should be comprehensively compared with the corresponding shape, pattern, color and combination of the accused infringing product.
Request for design patent protection For color, the patentee shall submit relevant evidence issued or recognized by the patent administration department of the State Council to determine the scope of protection of the design. When necessary, the color in the patent examination files of the patent administration department of the State Council should be checked.
The size of the product that does not affect the overall visual effect , materials, and internal structures should be excluded from the scope of design patent protection.
The protection scope of similar design patent rights is determined by each independent The appearance design is determined separately. The basic design and other similar designs can be used as the basis for determining the scope of protection of design patent rights.
Similar appearance design refers to multiple designs of the same product. A design patent application was filed for a similar design and obtained an authorized design patent. Among multiple similar designs, one should be designated as the basic design. A similar basic design and a certain similar appearance design have the same or similar design features, and the difference between the two lies in local subtle changes, the usual design of this type of product, repeated arrangement of design units, or changes in only color elements, etc. situation.
If the overall design of a complete set of products and each design composing the complete set of products have been shown in the pictures or photos of the design patent document, the scope of rights protection shall include each individual design composing the complete set of products. The appearance design of the product or the overall appearance design of the complete set of products is determined.
Complete product design refers to two or more designs for products of the same category that are sold or used as a set, and are applied for and authorized as one design patent.
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