What is the protection scope of the design patent?

Legal analysis: the scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. This provision shows that the protection object of design patent is product, and design must be integrated with product. If only innovative designs and drawings are not used on a certain carrier, they will not be protected by design patents. Only specific design patterns are used for the framework. Only industrial products, such as automobiles, can be protected by the patent law, otherwise they will fall within the protection scope of the copyright law.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.

Article 23 A design that has been granted a patent right does not belong to an existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.

Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.

A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.

Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.