How to evaluate the validity of product design patent right

Design patent is a new design with aesthetic feeling and suitable for industrial application, its shape, pattern or their combination, as well as the combination of color and shape and pattern. Its value evaluation is based on the comprehensive analysis of its cost, sales and profit, but the specific patent analysis should be mainly based on its importance in industrial application.

legal ground

Article 2 of the patent law

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.

Article 31 of the patent law

An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.

An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application.

Article 27

To apply for a patent for design, a 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.