At present, the appearance of many products requires some design, like the color or shape, you need to design, and add your own ideas after finishing the work, so that the appearance of the product will become very interesting. What should be paid attention to in the appearance design of the product? Let’s take a look!
The conditions for granting a design patent are novelty and originality. At the same time, China’s patent law has made the following concepts for external design, which can make a new design suitable for industrial use in the style, pattern, color, or combination of the product. That is to say, the appearance design enforces a wealth of beauty and can be used in industry. Therefore, the following four conditions should be met for obtaining a design patent:
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(1) Mandatory novelty
Novelty is the basic condition for obtaining a patent right for a design, that is to say, the mandatory design of a patented design is unprecedented. China’s patent law stipulates that the judgment of novelty: its time standard is based on the date of application; its regional standards and publications adopt national standards, and the use of openness adopts domestic standards. That is to say, the “” obtained the design patent should be the same as the design that has been open for publication in domestic and foreign publications in the past on the date of application or that has been open for use in China. “”Designs that do not comply with China’s novelty regulations cannot be granted patent rights.
(2) Should be original
Many countries regard the originality of the design as each condition of whether a patent can be granted. Originality primarily means that the patented design and the existing design should have obvious characteristics compared to the existing design, or “not similar”. To judge whether the two designs are similar, compare the two products of the same kind that use the design, and see whether they can be roughly from the full house, and the design of the appearance cannot be granted a patent.
(3) Should be rich and beautiful
There are differences between countries in the country as to whether they have aesthetic feelings as the granting of design patents. The United States, the United Kingdom, etc. do not regard the availability of beauty as every condition for granting a design patent. However, Germany, Japan and other countries regard their person as each condition for granting design patents. The implementing regulations of China’s patent law stipulate that a design should have a sense of rich beauty.
(4) It should be suitable for industrial use
Since the goal of design patents is to promote communication and economic growth of goods, the patented designs are compulsory for industrial use, and industrial production methods can be used to put the design above the product.