Can I apply for a patent for new shoes with a design certificate?

Shoes need to apply for a patent for design. According to the relevant laws and regulations, design refers to a new design with aesthetic feeling and suitable for industrial application, such as the whole or partial shape and pattern of a product. The protection scope of the patent right of design mainly includes the graphic or photo design of the product.

legal ground

Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.

Invention-creation as mentioned in this Law refers 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 64

The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim.

The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.