1. What is the scope of inventions protected by patent law
1. The inventions and creations protected by my country's patent law include: inventions, utility models and designs. Invention: An invention refers to a new technical solution proposed for a product, method or improvement thereof. my country's patent law stipulates that there are two types of inventions that can obtain patent rights, one is product inventions, and the other is method inventions. Utility model: The so-called utility model refers to a new practical solution proposed for the shape, structure or combination of a product. Utility model patents only apply to products, not processes. Appearance design: It refers to a new design that is aesthetically pleasing and suitable for industrial applications on the appearance, pattern, color, or their combination of products. The design must be attached to the product. If it exists independently of the product, it is not a design under the patent law; the design is limited to the artistic design of the product's appearance and does not involve the technical performance of the product.
2. Legal basis:
Article 2 of the Patent Law of the People's Republic of China
Inventions and creations as mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
2. How to determine design patent infringement
1. Determine the scope of protection of design patent rights.
2. Determine whether the design patent product and the infringing product are the same or similar products. Usually the function and use of the product are used as the standard, and the classification of relevant goods in the International Design Classification Table (i.e. the Locarno Treaty) is referred to. If the design patented product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods. If the two products are not identical in terms of functions and uses, it can be determined that they are neither the same product nor similar products, and therefore patent infringement is not established.
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