Design patent is the object of patent right and the object of patent law protection, which refers to the design that should be granted patent right according to law.
Design patent refers to a new design that is aesthetically pleasing and suitable for industrial application, which is based on the shape, pattern or combination of products and the combination of color and shape and pattern.
A patent for design shall meet the following requirements:
1 refers to the design of shape, pattern, color or their combination;
2. It must be the design of product appearance;
3. Must be aesthetic;
It must be suitable for industrial application.
legal ground
patent law of the people's republic of china
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 30 Where an applicant claims the priority of a patent for invention or utility model, he shall make a written statement at the time of application and submit a copy of the first patent application document within 16 months from the date of filing the first application.
Where an applicant claims the priority of a design patent, he shall make a written statement at the time of application and submit a copy of the first patent application document within three months.
Where the applicant fails to submit a written statement or a copy of the patent application documents within the time limit, it shall be deemed that the priority has not been claimed. Article 31 An application for a patent for an invention or utility model shall be limited to one invention or utility model. Two or more inventions or utility models belonging to a general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design. Two or more similar designs of the same product, or two or more designs of products used in the same category and sold or used in sets, may be filed as one application. Article 33 An applicant may modify the patent application documents, but the modification of the application documents for patents for inventions and utility models shall not exceed the scope recorded in the original specifications and claims, and the modification of the application documents for patents for designs shall not exceed the scope shown in the original pictures or photographs. Article 42 From the date of filing, the term of patent right for invention is 20 years, that for utility model is 10 year, and that for design is 15 year.
Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant.
In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.