Definition of a Design

 

A design patent application protects the ornamental appearance of an article of manufacture.  Design patents do not cover how the invention works, rather how the invention looks.  Rather than an involved detailed description of the invention, a design patent application relies exclusively on drawings of the invention’s appearance.  Under Chinese law, design patents cover a new aesthetic design suitable for the industrial application of an article of manufacture, specifically, the article’s shape, pattern, the combination of shape and pattern, the combination of color and shape, or the combination of color and pattern. A design patent normally takes eight months to be granted. The term of a design patent is 10 years. An amendment to Article 23, effective in October 2009, implemented an absolute novelty standard and provided that only a novel design with a prominent feature different from prior art designs and combinations thereof would be awarded a patent right.

 

Patent of appearance design application

 

Appearance design patent is a patent right, patent law is to protect the object, is to be patented design. It with the method of the invention or utility model patent certificate is completely different, namely the appearance design is not technical scheme.

 

Visible, appearance design patent shall meet the following requirements:

 

( 1) refers to the shape, pattern, color, or their combination design;

( 2) must be made on product appearance design;

( 3) must be full of aesthetic feeling;

( 4) must be suitable for industrial applications

 

1 Stage of application for a design patent, patent application documents shall be included: appearance design patent request, drawings or photographs. Requirements for protecting color, should also be submitted to color pictures or photographs in two copies. The picture should be submitted, shall be submitted to the pictures, photos, shall shall be photos, pictures or photos will not mix. If the pictures or photos illustrating the need, shall be submitted to the design brief description. Entrusted a patent agency, shall submit a power of attorney. The application fee shall be submitted to the cost of slowing, slowing the request and the corresponding documents.

 

2 Stages of China Review of the application for a patent for design introduction of preliminary examination system. During the initial review process, the inspector will be aimed at the problem of form in the application documents shall send a notice. The applicant for the notice to make corrections. At the same time, the inspector will be directed to the protection of design patent, customers are reviewed, if there do not belong to the exterior design patent protection of customer, the inspector will be issued a notice to the opinions of review, the review comments notice to reply or to apply for file modification.

 

3 The authorization stage

( 1) the authorized by the initial examination, the examiner will issue a notice of the grant of the patent right. The applicant receives a grant of the patent right notice, need to handle the following registration: within the prescribed time limit, payment of patent registration fee, the fee, the announcement authorized printing fee and the patent certificate of stamp tax.

( 2)certificate issued by applicant in the register to obtain patent. This period of time is about 2-3 months.

 

Conclusion

 

Design patent applications are generally considered to be relatively narrow in scope and have a shorter lifespan than innovation patents.  Despite these limitations, design patents are very effective tools for protecting products having innovative appearance, in that they prevent your competitors from copying the appearance of your products.  Product appearance can often be as important, or even more important, to your customers as the functionality itself.

 

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