First, it belongs to the protection object of appearance patent;
2. Meet the examination authorization conditions. The design granted the patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
In modern times, patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs. As the most effective carrier of technical information, patent literature contains more than 90% of the latest technical information in the world, which is 5-6 years earlier than the information provided by general technical publications. Moreover, 70%-80% of inventions are only disclosed through patent documents, which are not found in other scientific and technological documents. Compared with other literary forms, patents are more novel and practical. It can be seen that patent literature is the largest technical information source in the world. According to empirical statistical analysis, patent literature contains 90%-95% of the global scientific and technological information. Such a huge information resource is far from being fully utilized. In fact, for enterprise organizations, patents are the only place where competitors have to disclose some key information to the public, and these information will not be disclosed elsewhere. Therefore, the analyst of enterprise competitive intelligence can get a lot of useful information from patent literature through careful, rigorous, comprehensive and relevant analysis, so that the published patent information can be used by enterprises and realize its unique economic value. Consulting patent documents frequently in scientific research can not only improve the research starting point and level of scientific research projects, but also save about 60% of research time and 40% of research funds.
Legal basis:
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns. Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.