In addition, you can't apply for design patents for the following items:
(1) Fixed buildings and bridges that depend on specific geographical conditions and cannot be reproduced repeatedly.
(2) products whose shapes, patterns and colors are not fixed because they contain gas, liquid and powder.
(3) parts of the product that cannot be divided, sold or used separately. For example, a double-handle water cup suitable for children can not only protect the double handles, but must apply for protection together with the cup.
(4) for a product composed of a plurality of components with different specific shapes or patterns, if the components themselves cannot be a product with independent use value, then the components are not the objects for which the patent right for design can be granted. For example, if a toy is made up of many connectors which can't be used independently, that is to say, can't constitute an independent product, then the single connector will not be granted patent protection for design, and only when the connector and other connectors are put forward as a plug-in toy as a design patent application can the patent protection for design be granted.
(5) It cannot be applied to articles that are difficult to judge visually or with naked eyes, such as integrated circuits, or textile patterns that can only be observed under a magnifying glass
6) The required design is not the conventional form of the product itself, for example, the handkerchief itself was originally a square flat product, but it is not possible to apply for a patent if the handkerchief is tied into the shape of flowers or small animals such as rats and rabbits.
(7) Design based on the original shapes, patterns and colors of natural objects. Usually refers to two situations: one is the natural object itself, and the other is the natural object simulation design.
(8) Works that are purely in the field of fine arts, such as paintings and sculptures, cannot be protected by design patents. But some knickknacks, figurines and some handicrafts that can be mass-produced can be protected.
(9) The creations that people with general knowledge or skills in the field think are extremely easy to carry out, such as designs based on common shapes and patterns, such as triangles, rectangles, circles, clubs, cylinders, cones, regular polyhedrons, rectangles, water patterns, black and white squares and other common patterns, which are considered to be easy for ordinary people to carry out, have long been known and used.
(1) Imitating the designs and images of famous works, famous buildings and portraits, and using them intact on the products for patent application, such as making Xu Beihong's famous paintings into carpets and imitating the shape of the Temple of Heaven's Prayer Hall with glue bottles, cannot be protected by the design patent. If the applied design contains these contents, it is necessary to coat them on the pictures or photos in the application documents submitted by them.
(11) a trademark is a commodity mark used to distinguish a commodity from other industries, businesses and enterprise groups, not the product itself, so it does not belong to the category of design.
(12)—The font, pronunciation and meaning of ordinary characters and numbers cannot be used as the specific content of the design that requires protection. However, repeatedly and continuously arranging patterned characters according to certain rules can be regarded as patterns protected.