Appearance changes also lead to functional changes. For example, if you design a slot for chopsticks next to a bowl, should you apply for an appearance patent or a utility model? Please elaborate tha

Appearance changes also lead to functional changes. For example, if you design a slot for chopsticks next to a bowl, should you apply for an appearance patent or a utility model? Please elaborate thank you

This kind of technical solution must apply for both appearance design and utility model at the same time.

The protected object of the design refers to "a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of the product, as well as the combination of color, shape and pattern", that is: its The object of protection is the external shape characteristics of the product. Therefore, the application document only needs to show pictures that can reflect the appearance. Note: Appearance design does not protect the "functional structure", that is, it does not pay attention to whether the shape of the appearance is functional.

The object of protection for utility models refers to “new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use.” In the situation you describe, the structure of the “trough” on the outside of the bowl It is a functional shape, and this shape belongs to the protected object of utility model. In the utility model application documents, not only the shape and structural features must be described, but also the functions and corresponding technical effects achieved by the shape and structure must be described in the description.

To sum up, the shape of this bowl should be applied for design and utility model at the same time, and the scope of protection of the two does not overlap. The design protects the "overall shape" that can be seen from the outside of the bowl. Bowls that are similar to the "overall shape" will be suspected of infringement. The utility model patent protects the structure for placing chopsticks on the outside of the bowl. If your patent attorney can help you summarize this structure, it will protect many specific structures that can achieve this function. It is similar to the shape of the "bowl" body. It’s irrelevant.