Substantial conditions for obtaining the patent right of design
The necessary conditions for obtaining patents for designs such as inventions, utility models and designs are patentability, and applying for patents can better protect their legitimate rights and interests. So what are the necessary conditions for obtaining the patent right of design? If you need professional patent services, Bajie Intellectual Property will help you! Bajie's intellectual property business has developed rapidly, focusing on trademark, patent, copyright, domain name and other intellectual property business directions. Bajie's intellectual property patent application and patent transfer agency services have been recognized by the industry. If you have the demand of patent transfer and patent application transaction, please consult Bajie Intellectual Property Customer Service as soon as possible. The basic condition for obtaining the patent right of design must be aesthetic and can be applied to industry. Therefore, to obtain a design patent, the following four conditions should be met: (1) Novelty is the basic condition for obtaining a design patent, that is, the patented design must be unprecedented. China's patent law stipulates that the time standard for judging novelty is the date of patent application; Its regional standards, publication and publicity adopt world standards, and its use and publicity adopt domestic standards. (2) Originality Many countries regard the originality of design as a condition for granting patent rights. Originality mainly means that the patented design should have obvious characteristics or be different from the existing design. To judge whether two designs are similar, we should compare two similar products with designs to see whether they are similar as a whole, and we cannot grant patents to similar designs. (3) be beautiful. There are different regulations on whether there is aesthetic feeling as a design patent in the world. The United States, Britain, etc. do not regard aesthetic feeling as a condition for granting design patents. Germany, Japan and other countries regard people as the condition for granting design patents. The detailed rules for the implementation of China's patent law stipulate that the design should be beautiful. (4) It should be suitable for industrial application. Because the purpose of design patent is to promote commodity exchange and economic development, the patented design must be suitable for industrial application, that is, it can put the design above the product in the way of industrial production. What are the necessary conditions for obtaining the patent right of design? For more detailed intellectual property knowledge and business, you can call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property is committed to the field of intellectual property, and has been invested by Angel, the founder of Netac Technology, a domestic listed company, and Kingdee International, a Hong Kong listed company.