What are the precautions when applying for a design patent?
1, graphic design products include many kinds, such as stickers, textiles, wallpaper and so on. For labels, flat packaging bags and other products, if the main purpose of flat product design is to make the public identify the source of the products and services involved, the product design will be considered to play a major role in identification. However, textiles and wallpaper are usually decorative, so they are not objects that are not granted patent rights. 2. A brief description is mainly to supplement the content that can't be accurately expressed in pictures or photos. The brief description must include the product name, product use, design points, and specify the pictures or photos that can best show the design points. Product use is mainly used to determine the classification number of products, especially products with multiple uses. Because the classification of design depends on the pictures or photos submitted by the applicant, the classifier sometimes cannot give the correct product classification based on the pictures or photos. Therefore, it is necessary for the applicant to explain the purpose of the product in the brief description. For example, daily necessities such as tables and chairs, sometimes only rely on pictures or photos, and the classifier may not be able to determine whether it is knickknacks or furniture. Design point refers to the shape, pattern and combination of products different from the existing design, or the combination of color and shape, pattern or parts. For example, the shape of the product is a new design, which can be written as "the key point of design lies in the shape of the product"; Another example is that the pattern of a textile is new, which can be written as "the design point lies in the pattern on the front view"; If the design of a certain part of the product is new, it can be written that the design point lies in that part (shape or pattern, etc.). In a word, the design points mainly reflect the innovation of product appearance design. It should be noted that the design of a product must be reflected by pictures or photographs, and the design point cannot describe the shape, pattern or color of the application for a patent for design itself. "Specify a picture or photograph that can best show the design points" is only used for the publication of patent bulletin, and has nothing to do with the determination of patent protection scope. In addition, if there is a request to protect the color or omit the view, it should also be declared in the brief description. If an application for a patent for design involves two or more similar designs of the same product (no more than 10), the applicant must specify one of them as the basic design in the brief description to judge whether the design applied for by the combination belongs to similar designs. Where an application for a patent for design omits a view, the applicant shall usually explain the specific reasons for omitting the view, such as symmetry or sameness; If large equipment lacks bottom view, it can be written as "omitting bottom view". For printed cloth, wallpaper and other flat products, if there are infinite boundaries such as two consecutive sides or four consecutive sides of the unit pattern, it should be explained in the brief description. If the product is slender, if the picture or photograph can't show the product completely and clearly, ellipsis can be used, but it should be noted in the brief description. If the appearance design of the product adopts transparent materials or new materials with special visual effects, the applicant may indicate in the brief description, such as products made of highly polished materials. If the designed product belongs to a complete set of products, if the pictures or photos can't clearly show each set, the corresponding product name of each set can be stated in the brief description. The brief description shall not use commercial advertising language, nor shall it be used to explain the performance and internal structure of the product. 3. The filing of an application for a patent for design is in principle a design and an application. Paragraph 2 of Article 31 of the newly revised Patent Law stipulates that two cases can be combined (that is, one application is filed and the fee is charged according to one application): (1) two or more similar designs made for the same product; (2) Complete sets of products. (1) Similar designs must be aimed at the same product. Generally speaking, after overall observation, if other designs have the same or similar design features as the basic design, the differences between them are usually local subtle changes, the usual design of such products, the repeated arrangement of design units or only the changes of color elements. They are considered to be similar designs. (2) A complete set of products refers to the products that are composed of two or more independent products belonging to the same category, each product has the same design concept, each product has independent use value, and each product can reflect its combined use value when combined together, such as coffee cups, coffee pots, milk pots, sugar cans, etc. It should be pointed out that a patent application involving a whole set of products can no longer contain more than two similar designs of a certain set or all products. 4. According to the provisions of the first paragraph of Article 23 of the newly revised Patent Law, the authorization conditions for design patents are increased through conflicting applications, including "patent documents that I or others filed with the Patent Office before the application date and recorded after the application date".