What is the scope of design protection?
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, a distinction should be made between the reference drawing of the use state and the use state view of the product in a changed state. 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 products in changing status should be used as the basis for determining the scope of product design protection.
If a design patent right requires color protection, the color requested for protection shall be used as one of the factors to determine the scope of protection of the design patent right, that is, in the infringement determination, The shape, pattern, color and combination thereof should be comprehensively compared with the corresponding shape, pattern, color and combination of the alleged infringing product.
If a design patent right requires color protection, 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, material, and internal structure of the product that do not affect the overall visual effect should be excluded from the scope of design patent protection.
The protection scope of similar design patent rights is determined by each independent design. The basic design and other similar designs can be used as the basis for determining the scope of protection of design patent rights.
Similar designs refer to a design patent application filed and authorized for multiple similar designs of the same product. 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 the complete set of products and each design of the complete set of products have been shown in the pictures or photos of the design patent document, the other The scope of rights protection is determined by the design of each product that makes up the complete set of products or the overall design of the complete set of products.
A complete set of product designs refers to two or more designs for products of the same category that are sold or used as a set. They are submitted as one design application and are authorized. design patent.
Modern society is a society governed by law, and design protection disputes must be resolved by law. Online consultation with lawyers on the Legal Savior Network can solve your legal dispute problems.
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