How to reply to the examination opinions of appearance patents?
Article 2 of the Patent Law describes the requirements for design patents as follows: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products, and the combination of color, shape and pattern." In other words, there is nothing novel about your design from the appearance, such as the conventional circle, square, diamond, oval and so on. This design should be strange and beautiful. Novelty and strangeness, which others have never seen before, are the most basic characteristics of all patents. The design patent also requires aesthetic feeling, which can be understood as follows: If you design a dinner plate, you make it like a urinal. From the perspective of novelty and miracle, this is a new design, which no one has seen or applied for a patent, but it does not have aesthetic feeling. It makes people sick at first sight, and it is obviously inappropriate to apply for appearance as tableware. Besides novelty and aesthetic feeling, the design should also be suitable for industrial applications. For example, a round manhole cover will not fall in no matter how it is placed, which is more scientific and practical than a square one. If your design is only square, why did you change it to round? Is it to reduce the floor space (space) or to enhance safety, durability and color? Let you answer, that is, let you explain how your design ideas are different from others.