It is not possible to apply for design patents:
(1) Fixed buildings, bridges, etc. that depend on specific geographical conditions and cannot be reproduced repeatedly.
(2) Products whose shape, pattern and color are not fixed because they contain gas, liquid, powder and other non-fixed-shaped substances. (3) Parts of the product that cannot be divided, sold or used separately. For example, a double-handled water cup suitable for use by young children cannot only protect the double handles, but must also apply for protection together with the cup.
(4) For a product consisting of multiple components with different specific shapes or patterns, if the component itself cannot become a product with independent use value, the component does not belong to a grantable design. The subject matter of patent rights.
For example, if a toy is made up of many connectors that are connected to each other, and each connector cannot be used alone, that is to say, it cannot constitute an independent product, then the individual connectors will not be granted design For patent protection, design patent protection can only be granted if the connector and other connectors are used together as a connector assembly toy and filed as a design patent application.
(5) It cannot affect vision or items that are difficult to judge with the naked eye, such as integrated circuits, or textile patterns that can only be observed under a magnifying glass.
(6) The design required for protection is not the conventional form of the product itself. For example, the handkerchief itself is originally a square flat product, but if the handkerchief is tied into the shape of a flower or a small animal such as a mouse or rabbit, it will It is not possible to apply for a patent.
(7) Design based on the original shapes, patterns, and colors of natural objects.
(8) Works that are purely in the fine arts category, such as paintings, sculptures, etc., cannot be granted design patent protection. However, some knick-knacks, figurines and some handicrafts that can be mass-produced can be protected.
(9) Creations that people with general knowledge or skills in the field find extremely easy to create, such as designs based on common shapes and patterns, such as triangles, rectangles, circles, and plum blossoms. Common patterns such as cylindrical shapes, conical shapes, regular polyhedrons, rectangles, water patterns, and black and white squares are considered to be easily made by ordinary people and are already known and public creations. Therefore, they are not protected by design patents. .
(10) Imitate the designs and images of famous works, famous buildings, and portraits, and use them intact on patented products, such as making Xu Beihong’s famous paintings into carpets, A glue bottle imitating the shape of the Temple of Heaven and the Hall of Prayer for Good Harvests will not be protected by a design patent. If the applied design contains these contents, the pictures or photos in the application documents submitted must be covered with these contents.
(11) A trademark is a product mark used to distinguish a certain product from other industrial or commercial or enterprise groups. It is not the product itself, so it does not fall into the category of design.
(12) The fonts, pronunciations, and meanings of general letters and numbers cannot be used as the specific content of the design for protection. However, patterned words that are repeatedly and continuously arranged according to a certain pattern can be regarded as patterns and protected.