Design patent usually refers to the combination that can constitute design: the shape of the product; The style of the product; The shape and pattern of the product; The shape and color of the product; Patterns and colors of products; The shape, pattern and color of the product; Hide in the industrial field; The following contents must be included:
(1) refers to the design of shape, pattern, color or their combination;
(2) It must be the design of product appearance;
(3) it must be beautiful;
(4) It must be suitable for industrial application.
They belong to different categories; But as a part of intellectual property rights, they are all * * *:
1, personal rights (such as 1, right of publication 2, right of signature 3, right of modification 4, right to protect the integrity of works)
2. Property rights (right of reproduction, right of distribution, right of lease, right of exhibition, right of performance, right of projection, right of broadcasting, right of information network dissemination, right of filming, right of adaptation, right of translation, right of assembly, right of renewal and other rights that copyright owners should enjoy. )
Publishing right does not include neighboring rights (publishing right, performer right, recording right and broadcasting right).
The main differences are:
(1) The protected objects are different. Copyright protects the expression of the author's thoughts, feelings and opinions, but not the content itself. These forms include novels, papers, movies, songs, pictures and so on. Patents protect inventions, which belong to the category of ideas, including inventions, utility models and designs, such as the invention of TV sets, the manufacturing method of light bulbs and the unique design of coca-cola bottle.
(2) The conditions and requirements of protection are different. According to the different objects of protection, the copyright law can protect two works with the same theme, as long as they are original; However, the patent right will not protect two inventions with the same theme. For example, A invented the TV set and applied for a patent, so B can no longer apply for this patent.
(3) The rights are generated in different ways. Copyright can usually be generated automatically without any registration or review procedures; The patent right must be granted to the legal applicant after being examined by a specific administrative organ of the state according to law.
(4) The content of rights is different. The contents of copyright include personal rights and property rights; However, the patent right only includes the content of property rights such as the right to implement, the right to license others to implement and the right to transfer, and does not include the content of personal rights.
(5) The term of rights protection is different. As mentioned above, the protection period of property rights of works is generally 50 years after the author's death; The protection period of the patent right is 20 years for the invention patent, and 10 years for the design and utility model respectively, counting from the date of application.