The amendment to this article is to add an item as item (6) in the first paragraph, stipulating that no patent right shall be granted to designs that mainly play a symbolic role in patterns, colors or the combination of the two.
The number of design applications accepted by China ranks first in the world every year. However, a considerable number of accepted design applications and patents granted are related to graphic design, such as bottle stickers, flat packaging bags, etc., which mainly play the role of identification. This is not conducive to improving China's innovative ability of product appearance itself, promoting the formation of China's brand products and improving the international competitiveness of China's products. It will also increase the overlap and conflict between the patent right of design and the exclusive right of trademark and copyright. In order to encourage designers to pay more attention to the innovation of the product's own appearance, this revision excludes "designs that mainly play a marking role in patterns, colors or the combination of the two" from the object of granting patent rights for design.
"Flat printed matter" mainly refers to two-dimensional printed matter such as flat packaging bags, bottle stickers and labels. , used to place the sold goods or attach them to other goods, and not to sell them to consumers separately; "Mainly used for identification" means that the pattern, color or combination of two-dimensional printed matter is mainly used for consumers to identify the source or producer of the loaded goods or attached products, rather than making the appearance of the loaded goods or attached products "aesthetic" and attracting consumers. It should be noted that the logo that can identify the source or producer of the product is not limited to the trademark logo or the name of the manufacturer, as long as it is the pattern, color or combination of two-dimensional printed matter mainly used for producing the logo function, it is excluded.
It should be pointed out that although textiles such as sheets, curtains and cloth are also two-dimensional products, they do not belong to "flat printed matter"; The color or pattern of textiles is usually not "mainly used for identification", so the design of these textiles is not excluded.
A Brief Introduction to the Third Revision of the Patent Law edited by the Legal Department of China National Intellectual Property Administration.