Significance and function of applying for appearance patent

1. Design is the third kind of object protected by China's patent law, and it is also one of the objects required to be protected by the Paris Convention for the Protection of Industrial Property. Paragraph 3 of Article 2 of the Detailed Rules for the Implementation of the Patent Law stipulates: "The term" design "as mentioned in the Patent Law refers to a new design that is aesthetically pleasing and suitable for industrial application for the shape, pattern or combination of products." According to the definition, design is a decorative or artistic design about the appearance of products. The overall design of this meeting can be a plane pattern, a three-dimensional shape, or a combination of the two.

Generally speaking, this design has the following characteristics:

(1) Only the design combined with the product can know the design in the sense of China's patent law;

(2) It must be used in industry, that is, it can be manufactured for the purpose of production and operation. If the shape or pattern of the product can not be reproduced by industrial methods, or can not meet the requirements of nose bridge production, it does not belong to the design in the sense of China's patent law;

(3) the appearance of the black machine must make people feel beautiful. The "beauty" here includes the following three meanings: ① the shape, pattern or their combination of design and the combination of color, shape and pattern can be visually perceived by people; (2) The design does not violate social customs; ③ Appearance design can arouse people's feelings about beauty.

2. In modern society, the research on patent application strategy has become an important part of enterprise patent work. Enterprises apply for the largest number of design patents, so it is particularly important to make full use of national laws to protect the appearance of new products. With the strengthening of intellectual property protection and the continuous increase of the total number of design patents, the infringement risk of the total number of design patents will also increase. Only when the product has the patent right of design can it safeguard its legitimate rights and interests in the dispute of patent infringement of design, and the infringing enterprise of the patent infringer of design will be wiped out, and it will bear the legal responsibility of patent infringement of design.

Second, what is the effect of using design patents to protect the appearance of products?

1, the design patent is supported by the government. At present, many entrepreneurs spend a lot of money to apply for patents. Although the cost of enterprises has increased, the intangible value of products and technologies has been properly guaranteed. Patent application is undoubtedly the best magic weapon to fight against patent infringement in market competition. Once the enterprise has obtained the patent right, it will report the existing patent infringement to the government.

2. The design patent is recognized by consumers. If the new product shape of the enterprise is patented in time, its design will enjoy exclusive rights. When consumers buy their products, they often choose products with fashionable and beautiful appearance. If consumers spend a lot of money on a brand of products, they will not feel comfortable when they find that there are products from other companies with the same design but different texture.

3. The design patent makes the product brand appreciate. When the product is sold in the market, entrepreneurs can proudly say "this product is patented", which is more effective than a large number of advertising leaflets.