Conditions for authorization of design patent
If a design is not combined with a specific product to form the shape of the product, then it is a pure work of art and can only be protected by copyright law, but can not be granted a patent right. Design patent 1 licensing conditions. The novelty of design refers to the design that has been granted a patent right and should not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. Compared with the existing design or the combination of existing design features, the patented design should have obvious differences. 2. Practical (1) design must be suitable for industrial applications. (2) The design must be combined with the product. If a design is not combined with a specific product to form the shape of the product, then it is a pure work of art and can only be protected by copyright law, but can not be granted a patent right. 3. The function of aesthetic design is to arouse consumers' aesthetic feelings, thus arousing their desire to buy, so as a design, it must be aesthetic. 4. It shall not conflict with the legal rights that others have obtained before the date of application. The prior rights here mainly include portrait right, copyright, trademark right, enterprise name right and the right to use the unique packaging and decoration of well-known goods.