The software design is protected by patents. However, the following conditions must be met:
1. The design patent rights granted shall generally be designs of shape, pattern, color or a combination thereof;
2. The software design shall be The design of the product's appearance is aesthetically pleasing;
3. It must be suitable for industrial applications.
Legal basis
Article 2 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021
What is referred to in this law Inventions and creations refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 27
When applying for a design patent, a request, pictures or photos of the design, a brief description of the design and other documents shall be submitted.
The relevant pictures or photos submitted by the applicant should clearly show the design of the product requiring patent protection.