1. What is the concept of design patent
According to "Patent Law" Article 2, paragraph 3, "design" as mentioned in the Patent Law refers to the shape, pattern or combination of the product and the combination of color with shape and pattern. The result is a new design that is both aesthetically pleasing and suitable for industrial applications.
Both appearance design and utility model can involve products shape, but the difference is that a utility model is a technical solution, and the shape it involves is based on the technical effect and function of the product; while the appearance design is a design solution, and the shape it involves is based on the product. From an aesthetic point of view.
2.Characteristics of design patent
Starting from the above definition, outsideDesign is the decorative or artistic design of the appearance of a product. This design can be a flat pattern, a three-dimensional shape, or a combination of the two. Generally speaking, it has the following characteristics:
(l) Only designs that are combined with products are designs within the meaning of my country’s patent law.
Design is the appearance of the product Design, its carrier should be the product. Handicrafts, agricultural products, livestock products, and natural objects that cannot be produced repeatedly cannot be used as carriers of designs.
What constitutes the design are the design elements of the product Or a combination of elements, including shapes, patterns or combinations thereof, and combinations of colors with shapes and patterns. The color of a product cannot independently constitute a design unless the color change itself forms a pattern. 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 and color of the product; the shape, pattern and color of the product.
Shape refers to the design of the product shape. That is to say, it refers to the appearance outline presented by the movement, change, and combination of points, lines, and surfaces outside the product, which is the result of simultaneous design and manufacturing of the product's structure, appearance, etc.
Pattern refers to any line, text, Graphics formed on the surface of the product by the arrangement or combination of symbols and color blocks. Patterns can be produced by drawing or other means that reflect the designer's pattern design ideas. The pattern of the product should be fixed and visible, and should not be intermittent or need to be seen under specific conditions.
Color refers to the color or combination of colors used on a product. The true color of the materials used to make the product is not the color of the design. .
The three elements of shape, pattern and color are mutually exclusive Dependent, sometimes the boundaries are difficult to define, for example, the combination of multiple color blocks forms a pattern.
(2) It must be able to be applied in industry, that is, it can be manufactured for production and business purposes. If the shape or pattern of the product cannot be reproduced by industrial methods, or If it cannot meet the requirements of mass production, it is not a design within the meaning of China’s patent law.
(3) It can give people the enjoyment of beauty, that is, "rich in beauty".
The patent granted for a design is called a design patent. The purpose of granting a design patent is mainly to promote the improvement of product appearance. It not only enhances competitiveness but also beautifies people's lives. With the expansion of the international market, the increasingly fierce competition in domestic and foreign markets, and the continuous improvement of human living standards, the need to effectively protect the design of products has become more prominent. This is because improving the appearance design is inseparable from expanding product sales. When the quality and performance of the product are the same, the quality of the appearance design can directly affect consumer choice and affect product sales.
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