Design patent What is the concept
According to the provisions of Article 2, Paragraph 3 of the Patent Law, the term design in the Patent Law refers to the shape, pattern or design of a product. Its combination and the combination of colors, shapes and patterns create new designs that are 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 plan, and the shape it involves is based on the product. From an aesthetic point of view.
Starting from the above definition, appearance design is about products Decorative or artistic design of the exterior. 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 China’s patent law.
Appearance design is the appearance design of a product, and its carrier should be the product. Handicrafts, agricultural products, livestock products, and natural objects that cannot be produced repeatedly cannot be used as The carrier of the design.
What constitutes the design is The design elements or combination of elements of a product, including shape, pattern or combination thereof, and the combination of color with shape and pattern. The color of a product cannot independently constitute a design, unless the color change of the product itself has formed a pattern. It can constitute The combination of appearance design includes: 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, the points, lines, and The appearance outline presented by the movement, change, and combination of surfaces is the result of simultaneous design and manufacturing of the product's structure, appearance, etc.
Pattern refers to the graphics formed on the surface of the product by any arrangement or combination of lines, words, symbols, and color blocks. Patterns can be drawn through Or other means that can reflect the designer's pattern design concept. The pattern of the product should be fixed and visible, and should not be occasional or need to be seen under specific conditions.
Color refers to the color or combination of colors used on a product to manufacture the The true color of the materials used in the product is not the color of the exterior design.
The three elements of shape, pattern, and color are interdependent, and sometimes their boundaries are difficult to define. For example, the combination of multiple color blocks is into patterns.
(2) Must be able to work in the industry Application, that is, it can be manufactured for production and business purposes. If the shape or pattern of the product cannot be copied by industrial methods, or 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 the design is called appearance Design patent. The purpose of granting design patents is mainly to promote the improvement of product appearance, not only enhance competitiveness, but also beautify 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 for The need for effective protection of product designs has become more prominent. This is because improving the design is inextricably linked to expanding product sales. When the quality and performance of the product are the same, the quality of the design can directly affect Consumer choice affects product sales.
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