What are the substantive conditions for granting design patent rights?

With the development of society and the improvement of laws, problems of one kind or another will always appear in life. For example, many people do not know the relevant conditions for Design patent rights, resulting in the inability to apply for their own patent rights. So, what are the substantive conditions for granting design patent rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the substantive conditions for granting design patent rights?

Although there is no express provision that the patent rights granted should be novel and creative and practicality, but the Patent Law stipulates: "The design for which a patent right is granted shall be different or similar to the design that has been publicly published in domestic and foreign publications or has been publicly used domestically before the filing date."

The so-called non-identical design means that before the filing date, the same design has not been publicly published in domestic and foreign publications or publicly used in China. This can be considered as a violation of the grant. Requirements for novelty of designs for patent rights. In essence, "not identical" can be regarded as the criterion for judging whether the design is novel.

The so-called non-similar design means that compared with the design that has been publicly used before the filing date, the design has obvious features that professional designers cannot easily evolved from existing technology. Therefore, "non-similarity" here can be understood as a requirement for the creativity of the design for which patent rights are granted.

As for the practicality of design patents, the Patent Law stipulates: "The design referred to in the Patent Law refers to the shape, pattern, color or combination of the product The new design is aesthetically pleasing and suitable for industrial application." Among them, suitability for industrial application can be considered as a requirement for the practicality of the design for which patent rights are granted.

Design patent rights

Design patent refers to: the shape, pattern or other rights of a product The combination of colors, shapes, and patterns creates 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 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 applications 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 a design patent should meet the following requirements:

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