An application for a patent for design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or combination of products and the combination of colors, shapes and patterns. I. Duration of Protection of Patent Application The term of protection of the patent right for design shall be ten years, counting from the date of application. Two. Scope of protection of patent application The scope of protection of design patent right is "based on the patented product of design shown in pictures or photographs". This provision shows that the scope of protection of the design patent right is based on pictures or photographs reflecting the product design. It should be noted that the scope of "patented product of design represented by pictures or photographs" protected by the patent right of design should be the scope of similar products; Not the same product, even if the design is the same, can not be considered as infringement of patent rights. Three, the necessary application documents for patent application, design patent request, pictures or photos, each in duplicate. Where color protection is required, color pictures or photographs shall also be submitted in duplicate. If pictures are submitted, two copies shall be pictures; If photos are submitted, two copies are photos, and pictures or photos shall not be mixed. If it is necessary to explain the pictures or photographs, a brief description of the design shall be submitted in duplicate. Use design to explain products and their categories; Request for color protection, submit color pictures or photos; If necessary, write a brief description of the design; Brief description should indicate design points, omitted views, colors to be protected, etc.
Legal objectivity:
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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.