Design Patent under the Patent Law of the People's Republic of China
A design patent refers to a patent for the shape, pattern, color or combination thereof of a product, which is novel and practical, has distinctive features in appearance, and is suitable for industrial production. In the patent law of China, the patent for design is a kind of protection for the design, which protects the appearance of the product rather than the functional structure of the product. The protection of appearance design patent is of great significance to the promotion of innovative design, the enhancement of added value of products, and the protection of the rights and interests of original designers.
According to the Patent Law of the People's Republic of China, the protection conditions for design patents include novelty, utility and distinctiveness. Firstly, the product for which a design patent is applied for should have novelty in its form of appearance, i.e., it should not be publicly published anywhere in China or abroad before the date of application; secondly, the form of appearance of the product should have practicality, i.e., it can be used for the design of the product; finally, the form of appearance of the product should be obvious, i.e., there should be a significant difference in the visual effect in the form of appearance as compared with the level of the existing technology and be able to attract people's attention. Lastly, the form of appearance of the product should be noticeable, i.e. compared with the existing level of technology, the form of appearance should have a significant difference in visual effect and be able to attract attention.
An application for a design patent requires the submission of application documents, including the application form, drawings and instructions. Among them, the drawings are the most important part of the patent application for design, through which the features of the product's appearance can be clearly demonstrated, therefore, when applying for a patent for design, importance should be attached to the expression and presentation of the drawings. In addition, the description should provide a detailed description of the design features of the product, so as to enable the patent examiner to accurately understand and evaluate the appearance of the product.
The term of protection of a design patent is 10 years, counting from the date the patentee obtains the patent right. During the validity period of the patent, the patentee has the right to prohibit others from unauthorized manufacture, use, sale and other activities of the products within the scope of the patent. Regarding the infringement of the design patent, the patentee has the right to file a lawsuit with the court to protect his legitimate rights and interests.
Generally speaking, design patent has an important position in China's patent system, which provides strong legal protection for the original designers, and at the same time promotes the innovation and progress of product design. In practice, the application for design patent should strictly comply with the laws and regulations, and emphasize on the appearance of the product in the form of presentation and description of features, in order to ensure the smooth passage of the patent application and effective protection.
The above is the basic introduction of design patents under the Patent Law of the People's Republic of China, and I hope it will be helpful to you.
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