Under what circumstances is design patent right not granted?

The circumstances in which design Patent rights are not granted include buildings that depend on specific geographical conditions; products with unstable shapes and colors; partial designs that cannot be divided into products; products composed of multiple different specific shapes; and products that are purely art, calligraphy, Photography works, etc. Regarding the question under which design patent rights are not granted, the editor of Legal Savior Network will answer it in detail for you below.

1. Under what circumstances is design patent right not granted?

The circumstances under which design patent right is not granted are: ：

1. Fixed buildings, bridges, etc. that depend on specific geographical conditions and cannot be reproduced repeatedly.

2. Products whose shape, pattern and color are not fixed because they contain gas, liquid, powder and other non-fixed substances.

3. Partial designs of the product that cannot be divided or sold separately and cannot be used alone.

4. For products composed of multiple components with different specific shapes or patterns, Legal Savior Network reminds you that if the components themselves cannot be sold separately and cannot be used individually , then the component is not the subject of design patent protection.

5. Items that cannot act on vision or are difficult to determine with the naked eye, and require the use of specific tools to distinguish their shape, pattern, and color.

6. The design claimed for protection is not the conventional form of the product itself.

7. Design that takes the original shape, pattern, and color of natural objects as the main body usually refers to two situations, one is the natural object itself; the other is the simulation of natural object design.

8. Works purely in the category of art, calligraphy, and photography.

9. Appearance designs consisting only of geometric shapes and patterns that are common in the field to which the product belongs.

10. The pronunciation and meaning of characters and numbers do not belong to the content of design protection.

11. Patterns displayed by product display devices that have nothing to do with human-computer interaction or the realization of product functions.

2. How many years is the patent right valid for?

The patent validity period is as follows:

1. The term of invention patent rights is twenty years.

2. The term of utility model patent is ten years.

3. The term of design patent rights is fifteen years, calculated from the date of application. The inventions and creations mentioned in the regulations refer to inventions, utility models and designs.

3. Is it possible to partially transfer patent rights?

According to the relevant laws of our country, patents If the right holder and the transferee reach an agreement, part of the patent can be transferred, but whether it can be transferred ultimately needs to be approved by the patent management department.

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