For the intellectual property protection of bedding sets, besides registering trademarks and using unique names, packaging and decoration, as for the bedding sets themselves, operators usually register the original flower patterns developed and designed by them with the copyright administration department in the form of works of art, and the authors enjoy the copyright from the moment when the works are created, so they can use the copyright to protect the flower patterns of bedding sets. At the same time, the bedding suite is an industrial product. By applying for a design patent, it can also protect the legitimate rights and interests of the obligee and promote healthy competition in the home textile market.
According to the provisions of China's patent law, "the application for a patent for design shall be limited to the design used by the product. Two or more designs of products sold or used in the same category in sets may be submitted as one application. " At the same time, the detailed rules for the implementation of the patent law clearly stipulate that "the so-called same category means that products belong to the same subcategory in the classification table; The sale or use of complete sets means that the design concept of each product is the same, and it is customary to sell and use it at the same time. "
To apply for the design patent of bedding suite, the following two conditions shall be met:
First, independent products should belong to the same category, and should basically meet the classification standards of the same subcategory in the International Classification of Designs. For example, the typical complete set product "Tableware Kit", which is common in daily life, consists of plates, bowls, cups and dishes, and belongs to the subclass 07-01; "Bedding Kit" consists of quilt cover, pillowcase, sheets, etc. , belonging to the small class 06- 13.
Second, it is customary for all products to be sold and used at the same time. The design concept and style should be consistent, and the shape, pattern and color should be unified.
Synchronous sales refers to the complete set of sales usually in the market; Simultaneous use refers to the use of one product, which will lead to the association of use, thus thinking of the existence of another product or several other products, but it is not required to use all the products in the set at the same time.