What to pay attention to when applying for a design patent

It must be based on the appearance of the product to form a combination of product and Design. The design must be industrially applicable. Must be able to be used for manufacturing or production for production and business purposes. If it cannot be copied using industrial methods or cannot meet mass production requirements, it is not a design within the meaning of patent law. Regarding the question of what to pay attention to when applying for a design patent, the editor of Legal Savior Network will answer it in detail for you below.

1. What should you pay attention to when applying for a design patent?

1. It must be The appearance of the product is relied upon to form a combination of product and design. The design must be industrially applicable. Must be able to be used for manufacturing or production for production and business purposes. If it cannot be copied using industrial methods or cannot meet mass production requirements, it is not a design within the meaning of patent law.

2. Legal basis: "Patent Law of the People's Republic of China"

Article 23: The design for which patent rights are granted shall be published in domestic and foreign publications before the filing date. Designs that have been published publicly or used publicly in China are not identical or similar, and must not conflict with other people's previously acquired legal rights.

Article 27: When applying for a design patent, a request and documents such as pictures or photos of the design shall be submitted, and shall Indicate the product using the design and the category it belongs to.

2. What are the legal issues in the protection of design patents?

1. The number of design patent applications has increased year by year. It shows that quite a few companies in our country are no longer satisfied with imitating others' product designs, but are paying more and more attention to relying on their own unique designs to occupy a certain market share, and while achieving social benefits, they also obtain satisfactory economic benefits. .

2. On the one hand, the number of design patent applications is increasing year by year. On the other hand, a considerable number of cases of infringement of other people’s design patents also occur every year. Therefore, how to better protect design patents? The problem has been prominently placed in front of us.

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