What are the differences between China and the United States in the design patent system?

The design laws in China and the United States are "not independent", that is, there is no separate legislation, but only a part of the patent law. However, due to the different legal traditions, judicial ideas and historical backgrounds, there are many differences in the patent system of design between the two countries. The relevant provisions on design in China can be found in the Patent Law, the Detailed Rules for the Implementation of the Patent Law and the Patent Examination Guide. The protection of industrial designs in the United States is mainly stipulated in the patent law, and it is also involved in the implementation rules and review guidelines of the patent law.

Article 2 of Chapter 1 of China's Patent Law stipulates: "Design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of color, shape and pattern of a product." Article 17 1 of the United States Patent Law stipulates that the inventor of any new, original and decorative design of product invention may obtain a patent according to the provisions and requirements of this law.

The definition of design in the laws of the two countries is aimed at products, but the interpretation of what is a product is different in the two countries. The design product mentioned in Article 2 of Chapter 1 of China Patent Law refers to an inseparable and complete product, and each component of the product cannot be sold or used separately.

In the United States, although the word "product" is used in the law, Article 17 1 of the United States Patent Law only requires the use of "any new, original and decorative design" on a specific product, but does not stipulate that the design must be a complete product. Specifically, American design protects the decorative design of industrial products, not the industrial products themselves.

The difference between the scope of patent protection between China and the United States is that in the United States, you can apply for "partial design", but when protecting it, it will certainly extend to some specific and complete products; In China, both the design applied for protection and the design protected after authorization involve complete products.

The essential difference between Chinese and American design patent examination is that American design patent application needs substantive examination, while China's design patent application only needs preliminary examination. Therefore, the quality and stability of design patents in the United States are higher than that in China, but the design review cycle in China is relatively short.