What is the scope of design patent protection?

As we all know, after applying for a patent, the patent can be protected by patent rights. However, different types of patents have different scopes of protection. If patentees want to protect their own interests, they must first know the scope of legal protection of their rights. In this way, if an infringement occurs within the scope of protection, the other party can be held legally responsible. So what is the scope of Design patent protection? Let’s follow the editor of Legal Savior Network to learn more below.

What is the scope of protection of appearance invention patents

Article 59, paragraph 2, of the "Patent Law" stipulates that appearance design The scope of protection of patent rights shall be subject to the design patented product shown in pictures or photos. This provision indicates that the object of protection of a design patent is a product, and the design must be integrated with the product. If it is simply an innovative pattern or drawing, it cannot be protected by a design patent unless it is used on a certain carrier. Only use a certain design pattern for the frame. Industrial products such as automobiles can only be protected by the Patent Law, otherwise they fall under the protection scope of the Copyright Law. Items that cannot be included in the scope of design patent protection include:

1. Buildings, bridges and other products that cannot be assembled in factories, such as residences, museums, etc.; but buildings Components such as doors, windows, small mobile houses and other buildings that can be mass-produced in factories are not subject to this restriction.

2. Objects without fixed shapes such as gases, liquids or flowing substances, as well as powdery and granular aggregates.

3. Parts of the product that cannot be sold and used separately, such as knife handles, water cup handles, etc.

4. It cannot be used for visual or items that are difficult to judge with the naked eye.

5. It is not a protective design required by the shape of the piece itself.

6. Products that use natural objects as the main body of the design and cannot be mass-produced.

7. Works that are purely within the scope of fine art, such as paintings, sculptures, etc., are not granted design patent protection.

8. Creations that are easily carried out by people with general knowledge or skills in the relevant technical field, and designs based on common shapes and patterns.

9. Imitate the designs and images of famous works, buildings, and portraits, and use them intact on patented products.

10. National flag, national emblem, trademark and other signs.

What is an appearance invention patent?

A design patent refers to the shape, pattern, and Colors or their combination create new designs that are aesthetically pleasing and suitable for industrial applications. Appearance design refers to the appearance design of industrial products, that is, the style of industrial products. Design patents are the object of patent rights and the objects protected by patent law. They refer to designs for which patent rights should be granted according to law. It is completely different from an invention or utility model, that is, the appearance design is not a technical solution.

A design patent should meet the following requirements: it refers to the design of shape, pattern, color or their combination; it must be a design for the appearance of the product; it must be full of aesthetic feeling ;Must be suitable for industrial applications.

In the above article, the editor has listed for you the scope of design protection that is not covered by appearance patents from the opposite side, so that you can have a proper understanding. It can be known from the relevant provisions of the Patent Law that the scope of protection of design patent rights shall be subject to the design patented product shown in pictures or photos. If you still have questions about this, we also welcome you to go to the Legal Savior Network for online consultation. We have the most professional lawyers to provide you with legal help and protect your legitimate rights and interests.