What are the essential requirements for granting a design patent?

Design patent is a right that many Designers have, so what is the relevant knowledge about appearance design? Today, the editor of Legal Savior Network has found relevant information on the Internet about the essence of granting design patents. I hope it can help you!

What are the essential requirements for granting a design patent

Design patent is the object of patent rights and the object of protection by patent law. It refers to the design 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. Article 2 of China’s Patent Law stipulates: “Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern. It can be seen that , the design patent should meet the following requirements:

⑴ refers to the design of shape, pattern, color or their combination;

⑵ It must be a design for the appearance of the product;

⑶ Must be aesthetically pleasing;

⑷ Must be suitable for industrial applications

Range

Generally, the combinations that can constitute a design are: the shape of the product; the pattern of the product; the shape and pattern of the product; the shape of the product and color; the pattern and color of the product; the shape, pattern and color of the product.

Design patent industrial product shape meaning

The appearance shape of industrial products refers to the design of the product shape, that is, it refers to the appearance outline presented by the movement, change, and combination of points, lines, and surfaces outside the product, that is, the structure and appearance of the product The result of simultaneous design and manufacturing;

Appearance design The meaning of the appearance pattern of patented industrial products

The appearance pattern of industrial products is Refers to the graphics formed on the surface of the product by any arrangement or combination of lines, words, symbols, and color blocks. The appearance pattern of the product should be fixed and visible, and should not be intermittent or need to be visible under specific conditions.

Design patent industrial product color meaning

The color of industrial products refers to the color or combination of colors used on the product to manufacture the The true color of the materials used in the product is not the color of the exterior design. The color of a product cannot independently constitute a design unless the color change itself forms a pattern.

When applying for a design patent, pictures or photos should be submitted. The pictures or photographs should clearly show the design of the product for which patent protection is sought. When applying for a design patent requesting color protection, the applicant shall submit color pictures or photos.

1. As far as the appearance design of three-dimensional products is concerned, If the product design key points involve six sides, the six-sided orthographic views should be submitted; if the product design key points only involve one or several sides, at least the orthographic projection views and three-dimensional views of the involved surfaces should be submitted, and this should be stated in the brief description. Reason for omitting view. As for the appearance design of flat products, if the product design key points involve one side, only the orthographic projection view of that side can be submitted; if the product design key points involve two sides, the orthographic projection view of both sides should be submitted.

2. If necessary, the applicant should also submit the Expanded views, sectional views, sectional views, enlarged views and change state views of design products. In addition, the applicant can submit reference drawings, which are usually used to indicate the purpose, method of use or place of use of the product using the design.

3. Colors include black, white, gray series and color series. For design patent applications that state in the brief description that color protection is requested, the color of the picture should be firmly colored and not easy to fade.

4. The view name of the six-sided orthographic projection view refers to the main view, rear view, left view, right view, top view and bottom view. The view name of each view should be marked on the corresponding view Directly below. The side corresponding to the front view should be the side that usually faces the consumer during use or the side that best reflects the overall design of the product. For example, the front view of a cup with a handle should be the side view of the cup with the handle. .

5. Arrangement of views:

On the same drawing, multiple views can be arranged, and the layout direction of each view It should be consistent, and the views should be clearly separated from each other, either vertically or horizontally.

The above is the relevant information about the essence of design patents. I hope you can get useful information from it. The editor of Legal Savior Network will collect more information about design patents. ! If you still have any questions, you are welcome to consult with a lawyer on the Legal Savior Network.